도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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 December 21, 2009, the Defendant received a summary order of KRW 2,50,000 from the Changwon District Court to a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act, and on July 30, 2013, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 12, 2014, at around 00:02, the Defendant driven a car with C low-speed while under the influence of alcohol content 0.164%, without obtaining a driver’s license in the front of the taxi platform located in the 10-meter-on-si taxi.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of D and E;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. A statement of criminal records, inquiry reports, investigation reports (report attached to judgments), and application of double Acts and subordinate statutes of the judgment;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the punishment of a fine for the same kind of crime has not been exceeded against the accused, and the punishment of a mistake is divided, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;