도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
On June 20, 2007, the Defendant received, respectively, a summary order of 2.5 million won by a fine for a violation of road traffic law (drinking driving), etc., from the Jung-gu District Court High Court on June 20, 2007 and a fine of 3.5 million won by the same court on July 15, 2016 as a violation of road traffic law (drinking driving).
On May 18, 2017, at around 20:02, the Defendant driven a Ccoon car with approximately 400 meters alcohol content 0.072% in blood while under the influence of alcohol from the front of the 368 Round Station, which was a 368 Posi Station, to the front of B apartment at the same time, without a driver’s license.
As a result, the Defendant, who violated the regulations related to drinking alcohol more than twice, was driving a motor vehicle with no license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
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 subparag. 1 subparag. 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;