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
On September 26, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the wooden Branch of Gwangju District Court on September 26, 2008, and a summary order of KRW 4.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court on July 11, 2014.
On August 8, 2016, at around 20:20, the Defendant driven a B-wing truck under the influence of alcohol content of about 0.093% without obtaining a driver’s license in the section of approximately 2km from the front side of the “Jaju” to the “Yari-ri” road located in the same Ri, “Yari-ri-ri” road located in the T-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, the ledger of driver's licenses, criminal history records, and the application of Acts and subordinate statutes to report on investigation (verification of suspect's records of driving under influence of alcohol);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;