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 August 4, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Tong branch on August 4, 2008, and received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Tong branch on December 23, 2010. On February 12, 2013, the Defendant was sentenced to a fine of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Tong branch branch on February 12, 2013.
On May 26, 2014, at around 03:00, the Defendant driven B K3 cars without obtaining a driver’s license in a section of approximately 1m of clean water in front of a water reservoir located in the quantitative Dong at the time of running, and while under the influence of alcohol content 0.169%, the Defendant driven B K3 cars while under the influence of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Investigation report (Investigation of Madmark);
1. Criminal records, inquiry reports, investigation reports (attached to judgments), and application of three copies of written judgments to 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in addition to the fine imposed on the accused and the fact that his mistake is repented);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;