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 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act; on September 1, 2009, a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act; on September 15, 2009, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act; and on May 16, 2014, a summary order of KRW 5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act.
Criminal facts
On July 23, 2015, around 03:45, the Defendant’s motion picture at the front of the construction site of the Jinininina Doi-ri, Daegu-gun, Gindo-si, the Dogina-si, the Dogina-si, the Defendant’s motion picture
From approximately 5 km to the front day of the week, a car driving B Ecub without obtaining a driver's license, while under the influence of alcohol concentration of about 0.140%.
After all, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 Concurrent Crimes;
1. Selection of alternative imprisonment with prison labor (involving repeated crimes of the same kind, etc.);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 201
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;