도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 May 7, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of road traffic law at the Seoul Western District Court (driving). On February 17, 2017, the Defendant was issued a summary order of KRW 4 million for a crime of violation of road traffic law in the Daegu District Court Racing Support on June 7, 2017.
[2] Notwithstanding the fact that Defendant 1 had driven alcohol more than twice as above, Defendant 2 driven BM5 vehicles under the influence of alcohol with alcohol content of 0.097% in blood without a driver’s license in front of the apartment house, around May 12, 2017, at around 23:35, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. On the road traffic law violations (driving without a license or non-license), reporting on the occurrence of a case, notification of the results of regulating the driving of alcohol, report on the circumstances of the driver driving, inquiry into the results of regulating the driving of alcohol, and the register of driver's licenses
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (former and summary order attached thereto, and attachment of indictment);
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 (i.e., confessions and any electricity exceeding a fine) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;