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 July 21, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on July 21, 201, and on August 31, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 31, 2015.
On December 15, 2016, around 21:30 on December 15, 2016, the Defendant driven a B-cracking car under the influence of alcohol content of 0.091%, without obtaining a driver’s license, from around about 100 meters in front of a mutually influence restaurant, to the front day of a cafeteria “Danyangyang” restaurant located in the same Dong.
Summary of Evidence
In the application of the Act and subordinate statutes of the defendant's statutory statement of the driver's oral statement by the defendant, inquiry, such as criminal history in the register of driver's license (the previous and confirmation)
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)
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
5. Article 62 (1) of the Criminal Act on the suspension of execution.
6. An order to attend a course under Article 62-2 of the Criminal Act;