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 February 23, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on February 23, 2009. On May 28, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 28, 201, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 12, 2010.
On April 5, 2013, at around 02:29, the Defendant driven a DNA car with a blood alcohol concentration of 0.134% while under the influence of alcohol without obtaining a driver’s license on the road in front of 356-12, Jin-Eup, Jin-si, Chungcheongnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving without a license, report on the state of standing for driving, report on the state of standing for driving without a license, inquiry into the results of the control of drinking and driving, and register of driver's licenses;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports;
1. Article applicable to criminal facts;
(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 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 (i.e., the fact that the accused has repented and reflected the error in depth and that the accused has not been punished heavier than the fine for the last ten years, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;