도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 8, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on June 18, 2012, KRW 2 million as a fine for the same crime in the same court on June 18, 2012, and KRW 5 million as a fine in the same court on July 29, 2013.
1. On August 28, 2014, the Defendant, while under the influence of alcohol at around 23:35 on August 28, 2014, 2014, driven a D New Zealand XG car from the 200-meter section to the front of the modern service shop located in the Dongsan-dong without a vehicle driver’s license, in front of a cafeteria in the same city of Kusan-dong without a vehicle driver’s license.
2. On October 18, 2014, the Defendant, while under the influence of alcohol on October 18, 2014, at around 03:45, the Defendant driven a D New Airport-based car from the 300-meter section to the front of the mother line in front of a restaurant cafeteria for the Gyeonghae-si, Kimhae-si without a vehicle driver’s license, at approximately 0.093% of alcohol concentration in blood.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection of each host driver, and circumstantial statements of each host driver;
1. The register of driver's licenses and the register of suspect driver's licenses;
1. Records before judgment: Application of inquiry report on criminal records, etc. and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Probation and Order to Attend: The attitude that seriously reflects the attitude during the period of detention is not less than that of probation, and circumstances unfavorable to him/her, shall be determined in a state of prosecution against the crime