도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 July 2, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million for a violation of the Road Traffic Act (driving on August 20, 2015) on August 20, 2015, and driving BM525V cars.
Criminal facts
On September 25, 2016, the Defendant, while under the influence of alcohol by 0.118% without a driver’s license on September 25, 2016, operated the said car with approximately 10 meters of alcohol in order to move from the front of the Nam-gu Seo-dong Seo-gu, Busan to the literacy road.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on detection of a host driver;
1. Inspection of driver's licenses;
1. Previous records: Criminal records, etc. inquiry inquiry reports and the application of Acts and subordinate statutes after checking the control of drinking driving;
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;
1. Article 62 (1) of the Criminal Act;
1. Although the liability of the accused for sentencing under Article 62-2 of the Criminal Act is heavy, the punishment as ordered shall be determined in consideration of all the normal data revealed in the trial process, such as the confession of the accused, the accused has the same criminal record but has no criminal record exceeding the fine, the blood alcohol concentration level, driving distance, the age, occupation, and driving circumstances.