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 May 10, 2012, the Defendant issued a summary order of KRW 2 million as a fine of KRW 2 million for a violation of the Road Traffic Act, KRW 7 million for a violation of the Road Traffic Act, and KRW 5 million for a violation of the Road Traffic Act, from an Ansan Branch of the Suwon District Court on July 20, 2012, and from an Ansan Branch of the Suwon District Court on April 6, 2016, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act. < Amended by Act No. 14335, Apr. 6, 2016>
On August 3, 2016, at around 06:11, the Defendant driven the B Poter Ⅱ without a driver’s license, while under the influence of alcohol concentration of about 0.052% at a section of approximately 1km from the road front of the B Poter-dong, Sinung-dong (Haakdong) to the road front of the S K Poter located in the front of the Sinung-dong, Singu, Sinung-si (342).
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on a drinking driver and the value of the result of measurement of drinking;
1. License register;
1. Previous convictions indicated in the judgment: Criminal history records, references (A) and the application of Acts and subordinate statutes to report prior to and after each disposition;
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 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 Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc. is committed, etc. that reflects the reason for sentencing under Article 62-2 of the Criminal Act;