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 November 15, 2006, the Defendant was notified of a summary order of a fine of KRW 3 million due to a violation of road traffic law in the Changwon District Court's branch on November 15, 2006, and on April 21, 2010, the Defendant was sentenced to imprisonment with prison labor for not less than six months and two years of suspension of execution on two or more occasions due to a violation of road traffic law in the same court.
1. On June 20, 2016, the Defendant violated the Road Traffic Act (divated driving) driven a 50cc letobane, under the influence of alcohol content of 0.153% in the middle of a sports park, from the 1km section to the front of a sports park, at around 17:30, the Defendant driven a 50cc letobane while under the influence of alcohol content of blood at about 0.153% in front of a sports park.
2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the date, time, and place specified in paragraph 1 above, and the foregoing obbs owned by the defendant who did not have mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of drivers who take driving, notification on the results of regulating drinking driving, and investigation report (verification of non-life insurance for motor vehicles);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (including the fact that the defendant reflects on his gender and disposes of Otoba used for the crime of this case);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);
1. Protection and observation, and community service order Article 62-2 of the Criminal Act (the accused's prevention of recidivism).