도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Power】 On April 2, 2013, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on April 2, 2013, and on June 8, 2012, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】 On September 14, 2013, at around 23:25, the Defendant driven B-be under the influence of alcohol concentration of 0.186% without a motor vehicle driver’s license, from the 4km section of approximately 4km away from the south-dong Incheon Southern-dong, Namdong-dong, Incheon, to the 510th road.
Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;