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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 31, 2012, the Defendant issued a summary order of 700,000 won for a fine for a violation of the Road Traffic Act (driving) at the Goyang branch court of the Jung-gu District Court on July 31, 2012, and on October 12, 2009 by the same court as the same crime.
On March 2, 2014, at around 22:15, the Defendant driven B-car with alcohol content of at least 0.074% under the influence of alcohol without obtaining a driver’s license from the section of about 10km to the South-Gu Tolol in the Gu-Sinan-si in the Gu-Sinan-si, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A driver's license inquiry;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
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. The reason for sentencing under Article 62-2 of the Criminal Act is that even though the defendant had a record of the same or similar kind of crime in the past, he/she committed the crime in this case again, his/her mistake is divided, such as confession, and there is no record of punishment heavier than a suspended sentence due to the force of the same or similar kind of crime.
It is so decided as per Disposition for the above reasons.