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 March 21, 2011, the defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on March 21, 201, and on October 24, 201, the Busan District Court issued a summary order of 3 million won by a fine for a violation of the Road Traffic Act.
On February 6, 2013, at around 22:57, the Defendant driven a car in the state of alcohol with a 0.118 percent alcohol concentration without a car driver’s license from the Namcheon-dong of Busan to the front line of the Tan subway Station located in Busan Shipping Daegu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the results of the drinking driving control;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);
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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction heavier than a fine to the accused, and that there is no depth in relation to the instant crime);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. It is decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 or more of the Act on Probation, etc.;