도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
[criminal power] On July 23, 2009, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 23, 2009, and on July 30, 2013, the Defendant received a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on July 30, 2013.
【Criminal Facts】
On December 04, 2014, the Defendant, at around 00:07, driven a B body-man car under the influence of alcohol content of 0.094%, without obtaining a driver’s license, from approximately 1k section around the 1k section to the Gyeongnam Road located in the same Ri on the roads adjacent to the Hannam branch of the Agricultural Cooperative Federation, which is located in the light of the light-based pactination.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the register of driver's licenses, and the details of the cancellation thereof;
1. Previous offense: To apply a criminal investigation report and a copy of each summary order to Acts and subordinate statutes;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;