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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 14, 2014, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) and a fine of KRW 1.5 million from the same court on July 7, 2014, respectively.
[Criminal facts] On November 6, 2015, around 03:50, the Defendant driven a vehicle driver’s license without obtaining a vehicle driver’s license in the state of alcohol concentration of about 0.153% from the upstream of the week located in the Southern-gu Incheon Metropolitan City, Seo-gu to the 399-ro, Nam-gu, Incheon, Nam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);
1. An order to attend a course under Article 62-2 of the Criminal Act;