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
[criminal power] On August 22, 2008, the Defendant issued a summary order of KRW 2.5 million at the Incheon District Court as a crime of violation of the Road Traffic Act. On June 14, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul East District Court, and on February 24, 2014, the Incheon District Court issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court. On April 13, 2015, the Defendant issued a summary order of KRW 6 million for a fine of KRW 1 million.
【Criminal Facts】
On April 11, 2015, at around 00:25, the Defendant driven a BYFM car without obtaining a driver’s license from the front of the training restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the front of the 147-ro 147, while under the influence of alcohol concentration of approximately 0.122%, and without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, previous records of disposition, reporting of confirmation, and application of Acts and subordinate statutes (Attachment to the same type of criminal records, etc.);
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 Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect in depth on criminal conduct);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;