도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 24, 2008, the Defendant issued the summary order of KRW 2,50,00,000 as a fine for the same crime in the same court on July 1, 201, at the Lwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act.
Although the Defendant had had had a alcohol driving twice again, the Defendant driven a B motorcycle while under the influence of alcohol at approximately 0.111 percent of alcohol level from the two kilometers from the road located in the same side of the same side of the road located in the Ansan-ro 915 in the same side of the road, if he/she had had a alcohol driving twice, on June 21, 2016.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
around 05:50 on August 9, 2016, the Defendant driven D-wing Vehicle without obtaining a driver’s license in approximately 1 km section from the Defendant’s residence in Pyeongtaek-si to about 26-ro 2nd roads in Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order: The reason for sentencing under Article 62-2 of the Criminal Act is that a person drives a motor bicycle again in the state of drinking, driving a motor bicycle in the case of a crime of drinking alcohol, and there is no history exceeding the fine;