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 14, 2015, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Busan District Court's Dong Branch, and KRW 3 million as a fine in the same court on July 17, 2017, respectively.
Although the Defendant had had a history of driving two or more times as above, the Defendant driven a f tea at a distance of about 700 meters from the Calsung Party in Busan-gun to D located, without obtaining a driving license around January 3, 2019, while under the influence of alcohol at a level of about 0.073% of alcohol level, the Defendant driven a f tea at a distance of about 700 meters from the surrounding area of Busan-gun District to D located.
Summary of Evidence
1. Defendant's legal statement;
1. The application of the circumstantial statement report, investigation report, license inquiry, investigation report (in response to a request for appraisal attached - 0.073%), criminal record inquiry report, investigation report (in the case of confirmation of the records of driving under the same kind of suspect), related summary order two separate Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
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. On the grounds of sentencing in Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the sentencing conditions, including the criminal records, blood alcohol density, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, etc.