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
[criminal power] On October 5, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court, and on August 10, 201, a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daejeon District Court’s official support on August 10, 201 and violated Article 44(1) of the Road Traffic Act at least twice.
【Criminal Facts】
On July 25, 2012, at around 09:15, the Defendant driven B Poter cargo without obtaining a driver's license under the influence of alcohol level 0.19% from the 2km section at the 2km section to the road at the entrance of the Gongju-si, Seosan-si, Cheongju-si, Goju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The punishment as ordered is determined by taking into account the following factors: (a) all the sentencing conditions, including the Defendant’s age, character and conduct, family environment, property status, etc., of the same kind of fine for the sentencing of Article 62-2 of the Criminal Act; (b) the drinking water is high; (c) the driving distance; and (d) the Defendant’s age