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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 9, 2009, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on May 24, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.
On November 2, 2013, at around 21:40, the Defendant: (a) planned a vehicle under the influence of alcohol with a blood alcohol concentration of 0.183%, without obtaining a driver’s license, from around about 300 meters in front of a water pipe cafeteria located in the Yellow-si, Sinsi; (b) from around 300 meters in front of the water pipe cafeteria in the same Dong to the human square distance in the same Dong.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and D;
1. A traffic accident report, report on the results of the control of drinking driving, report on the actual state of drinking drivers, report on the actual state of standing drivers, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to a summary order of the same criminal records);
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. The crime was committed immediately after being sentenced to a fine of 5 million won due to drunk driving and risk driving on May 2009, 201, 3 million won due to drinking and unlicensed driving on May 2013, 2013, and 1.5 million won due to the crime as stated in the judgment, which resulted in an accident due to the crime, the vehicle used for each of the above crimes is the same as the vehicle as indicated in the judgment, the vehicle used for each of the above crimes was driven immediately after the crime was committed, and the vehicle was driven immediately after the crime was committed.