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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 2, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Jeju District Court on April 2, 2013, and the same court issued a summary order of KRW 5 million as a fine for the same crime on April 6, 2015.
On November 6, 2016, the Defendant, while under the influence of alcohol level of 0.162% during blood transfusion around 22:03, without obtaining a driver’s license, driven a CM5 car at a level of 10 meters in front of the center center of the Han Forest Agricultural, the Han River, located in the Han City-si 671 ( Han forest L), Han City-ro, the Han River, the Han City-do branch office located in the Han City-si 671 ( Han forest L).
Summary of Evidence
1. Statement by the defendant in court;
1. The offender's place, the statement report on the situation of the driver driving, the notification of the result of regulating the driving of drinking alcohol, the situation report on the driving without a license, the report on the circumstances of driving without a license, the photographic and the register of
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report attached to the judgment of the same type of crime);
1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking driving) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (not less than three times of driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;
Conditions unfavorable to the reasons for sentencing: 3 times before the same criminal record and : (i) a fine of 2 million won is imposed by the Jeju District Court which committed a violation of the Road Traffic Act (drinking on September 3, 2010), and (ii) a third part of the previous criminal records.