도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 June 1, 2012, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on June 1, 2012, and on February 20, 2014, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act.
On December 11, 2014, the Defendant was driving at around 14:50, the blood alcohol concentration of 0.198% without obtaining a driver’s license. From the front of a cafeteria located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant driven approximately 5 km B 3 truck at around 339-12, Geumcheon-gu, Geumcheon-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of investigative reports (report accompanied by summary orders for the same kind of crime by a suspect);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 reasons for sentencing under Article 62-2 of the Criminal Act include three times for the crime of drunk driving, two times for the crime of drunk driving, and the fact that the defendant committed the crime of drunk driving in a short term, three times for the crime of drunk driving, and the fact that the amount of drinking alcohol is high, etc. However, the punishment as ordered shall be determined by taking into account all the factors of sentencing such as the defendant's age, character and behavior, environment, and circumstances after the crime.