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 October 30, 2009, the Defendant was sentenced to six months by the Jeju District Court to imprisonment for a violation of the Road Traffic Act, etc., and issued a summary order of KRW 4 million by the same court on June 24, 2016.
On August 9, 2016, at around 05:50, the Defendant driven a vehicle of 200 meters from the Do in front of the Jeju LPG charging station located in the Jeju-si without obtaining a driver's license for the vehicle of 200 meters from the Do in front of the earth market located in the same Dong, while under the influence of alcohol of 0.0% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of investigation report, notification on results of the control of drinking driving, report on the situation of a drinking driver, brinse rinse, photograph, and the register of drinking measuring instruments;
1. Registers of driver's licenses;
1. Previous records: Criminal records, previous records and results of confirmation of dispositions, judgment and application of Acts and subordinate statutes attached to summary orders;
1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order to provide community service: Circumstances unfavorable to the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The same previous and six times or more (including one time of actual punishment and one time of suspended execution);