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 of the final judgment.
Punishment of the crime
On July 9, 2008, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Incheon District Court on July 9, 2008, and a summary order of KRW 2.5 million as a fine from the Ansan District Court on October 20 of the same year.
The Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times on August 17, 2014, driven a B low-speed car under the influence of alcohol with a blood alcohol concentration of 0.153%, without a vehicle driver’s license, from the front of the training site for the reserve forces located in the same in the summer-ro as the Cheongnam-ro 132-ro 20, Cheongyang-si, Namyang-si, Cheongyang-si, Cheongyang-si, to the front of the training site for the reserve forces located in the same in the summer-ro in the same as the king-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal history records, investigation reports (suspects' previous records and confirmations) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)
1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);
1. Article 62-2 of the Criminal Act to attend a law-abiding lecture to prevent recidivism, taking into consideration the fact that he/she again drives without a driver's license even though he/she had a record of punishment for drinking driving, such as before the judgment of the defendant, even though he/she had a record of driving under the influence of alcohol