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 29, 2010, the Defendant issued a summary order of KRW 1 million to the Suwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 4 million to a fine of KRW 200,000 for a violation of the Road Traffic Act on February 20, 2012.
At around 03:20 on July 30, 2012, the Defendant driven the B rocketing car under the influence of alcohol content of 0.083% without a driver’s license, from the front road to the front road of the 1st century located in the same grassland-dong.
Summary of Evidence
1. An interrogation protocol of the police against the accused;
1. A traffic accident report, case-related photographs, report on detection of a drinking driver, place of drinking a drinking, circumstantial report on a drinking driver, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is a dangerous crime that the defendant drives a vehicle while under influence of alcohol or without a license. The drinking driving is a dangerous crime that may lead to a big accident that may lead to the life of another person. As the recent revision of the Road Traffic Act, the punishment for driving under the influence of alcohol has been significantly strengthened, and the defendant has already been punished.