도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 December 26, 2013, the Defendant issued a summary order of a fine of KRW 3 million in the Daegu District Court Kimcheon branch on the charge of violating the Road Traffic Act (driving) and on September 30, 2014, the Defendant issued a summary order of KRW 2.5 million in the same court on September 30, 2014.
On September 11, 2015, at least 03:30 on September 11, 2015, the Defendant driven a B SP car under the influence of alcohol concentration of about 0.15% without obtaining a driver’s license from the section of about 2 km from the area near the Kusoft Apartment apartment, which is located in the same Dong and located in the tax office located in the same Dong, even though he had a history of driving two or more times.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation (in relation to attachment of photographs), and photographs when it is discovered;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Inquiry into the ledger of driver's licenses, details of revocation of driver's licenses, and disqualified inquiry of main office;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports [including two copies of the summary order attached thereto]-related 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. An order to attend a course;