도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
The Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act at the Suwon District Court on January 29, 2010, and on October 2, 2013, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act. The judgment becomes final and conclusive on October 11, 2013, and is currently under suspension of execution.
【Criminal Facts】
On January 29, 2015, the Defendant, without obtaining a driver’s license on January 22, 2015, driven a DNA vehicle at approximately 150 meters from the road near the Suwon-gu transferdong in Suwon-si, Suwon-si, Suwon-si, to the front road under the influence of alcohol content of 0.081%.
around 14:40 on March 14, 2015, the Defendant driven a DNA car in the section of approximately 200 meters from the flusium in Suwon-gu, Suwon-si, Suwon-si, without a driver's license, to the flusium distance in the flusium in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si.
Summary of Evidence
"2015 Highest 1076"
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. A report on the actual status of a host driver;
1. Registers of driver's licenses;
1. Criminal records as stated in the judgment: Inquiry report, investigation report (Attachment to attached judgments on the same kind of power), court rulings, summary order "205 Height150";
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning driver's license inquiry;
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; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the defendant is punished by drinking alcohol or driving without a license.