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
[2014 Highest 1348] On May 19, 2008, the Defendant received a summary order of KRW 700,000,000 for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, on September 16, 2008 in the same court as the same crime, on December 15, 2009 in the same court, the summary order of KRW 1 million for a fine of KRW 1 million for the same crime, and on September 1, 2011 in the same court, the summary order of KRW 5 million for the same crime was issued.
On December 16, 2014, while the Defendant had been punished twice or more due to drunk driving, the Defendant driven a car in the Bcopon while under the influence of alcohol level of 0.160% at around 03:30% on December 16, 2014, and operated from around the main point in which it is impossible to identify the trade name in the Bcopon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to
[2015Kadan226] Around 03:40 on April 2, 2015, the Defendant driven the freight vehicle in Cribea without obtaining a driver’s license from approximately 15 meters to the front road of the “Sami-dong,” located in the north-gu, Seogdong at the port to the “Sami-dong,” located in the same Dong.
Summary of Evidence
[2014 Highest 1348]
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Criminal records (2015 highest 226);
1. Defendant's legal statement;
1. Application of the statutes on the register of driver's licenses;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty (the point of sound driving, the choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act due to a heavy drinking driving);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Suspension of execution;