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 October 1, 2007, the defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act at the Changwon District Court on December 12, 2007, a fine of 3 million won for the violation of the Road Traffic Act at the Busan District Court on December 12, 2007, and a fine of 8 million won for the violation of the Road Traffic Act at the Changwon District Court on January 13, 2014, respectively.
On February 4, 2014, at around 05:45, the Defendant driven a Dan-purged vehicle owned by C without obtaining a driver’s license from the front of the rubber entertainment tavern in the Gusan-dong to the front of the 800-meter distance in the Gusan-dong, and without obtaining a driver’s license from the front of the Gusan-dong in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. No. 4-7 of the evidence list submitted by the prosecutor (hereinafter “Evidence List”).
1. Previous convictions in judgment: the application of the law No. 10, 11 of the evidence list;
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 which is chosen (not later than before the market);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that the defendant has no record of criminal punishment heavier than that of the suspension of execution and that the defendant will not repeat the same kind of crime in the future);
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;