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
【Criminal Power】 On January 23, 2008, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on October 28, 2013, by the Incheon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act (driving on July 12, 2013).
【Criminal Facts of Crimes】 From October 16, 2013 to October 21, 2013, the Defendant driven a Poter-Ⅱ in the state of under the influence of alcohol content of 0.190% 0.190%, without obtaining a driver’s license, from around 21:40 on the same day from the roads of 695-10, Nam-dong, Nam-gu, Incheon Metropolitan City at around 21:40 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on launch of drivers and the register of driver's licenses;
1. Previous records: Criminal records, etc. and the application of each 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 (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;