도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 December 21, 2006, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the Jeonju District Court’s branch court, and on February 19, 2009, sentenced to a suspended sentence of ten months by imprisonment with prison labor for the same crime, etc. at the Jeonju District Court.
On August 9, 2015, at around 19:53, the Defendant driven the B-wing truck with a blood alcohol concentration of at least 0.065% under the influence of alcohol without a vehicle driver’s license, from around 1.4km to the front path of the natural drupture company located in the Yananan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, the lower court.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. Notification of the result of crackdown on drinking driving;
1. Report on the circumstantial statements of a drinking driver, and report on the circumstances of the driving of a drinking house;
1. A copy of the usage register of drunks;
1. A copy of the correction completion notice;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports (verification of facts at least twice the suspect's drinking power);
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;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the punishment of the Defendant is to be imposed strictly considering the fact that the Defendant committed a repeated driving of a license without drinking, even though many persons have been on the same kind of power, but the Defendant’s mistake and reflects the fact that the Defendant recognized the mistake, that there is a family member to support the Defendant, that there was no higher drinking level at the time of the instant case, and that there was no traffic accident, taking into account the Defendant’s age, character and behavior, family environment, etc., and all the conditions of sentencing as shown in the instant records
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;