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 March 14, 2014, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the same court on August 29, 2014, and a fine of KRW 5 million by the same court on August 29, 2014.
On October 23, 2014, the Defendant, without a car driver’s license, driven a Crocketing car owned by the Defendant from the Do located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu to the 836-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, from the Do located in the Nowon-gu, Seoul Special Metropolitan City, to the 836-km road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and a driver's license inquiry;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
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. Unfavorable circumstances such as the fact that the defendant has repeatedly committed a crime in a short period of time under Article 62-2 of the Criminal Act, the fact that the defendant committed a crime with the reason of sentencing, the fact that his blood alcohol concentration level is high: Provided, That it is against the living under detention, the fact that no accident occurred at the time, the fact that there was no heavy penalty force exceeding the fine after 1998, and other factors of sentencing, such as the defendant's age, character and behavior, the environment, etc.