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 June 26, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court's support on 2007, and on August 18, 2007, the summary order of KRW 3 million has become final and conclusive.
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around April 19, 2019, at around 21:35, the Defendant set the Efranchising car under the influence of alcohol with approximately 1.5 Km alcohol concentration of about 0.097% from the front side of the ASEAN B apartment to the front side of the entrance of the Agsan-si D apartment.
around 00:39 on June 10, 2019, the Defendant driven an Iwing Cargo without obtaining a driver's license from the front side of the “G” to the front side of the H of the 1km-si, ASEAN, from the front side of the “G” to the front side of the H of the ASEAN-si.
Summary of Evidence
"2019 Highest 1182"
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Criminal history records, replys to criminal investigations, and investigation reports (a copy of the same summary order attached);
1. Defendant's legal statement;
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; the choice of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act;
1. The reason for the sentencing of Article 62-2 of the Criminal Act is to increase the possibility of traffic accidents and to prevent the act related to the act that is very dangerous to the life and home of others as well as the person concerned.