도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 December 5, 2012, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court. On August 10, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.
On April 1, 2018, at around 06:51, the Defendant driven a B carren vehicle without obtaining a driver's license from around the front side of the Dobong-gu Incheon, Seo-gu, Incheon, to about 500 meters of alcohol level from around 0.142% of alcohol level during blood, from around 500 meters to the front side of the Paris Round.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver’s license in violation of it.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes (verification of the fact that he/she has been punished twice due to drinking driving);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (i.e., reflective facts, and considering the fact that there is no record of the same kind of crime or heavier than imprisonment without prison labor);
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);
1. The community service order under Article 62-2 of the Criminal Act;