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 May 13, 2008, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on August 23, 2010, a fine of KRW 3 million as a crime of violating the Road Traffic Act (dacting) at the Changwon District Court on August 23, 201, and on September 2, 2014, a fine of KRW 8 million as a crime of violating the Road Traffic Act (dacting)
On September 11, 2015, the Defendant driven a DV cruise car under the influence of alcohol leveling 0.201% without a driver’s license on a section of approximately 500 meters from the front of the same public parking lot located in the Dong-dong, Busan, Dong-dong, which is located in the same hot spring dong, to the front of the department store.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Registers of driver's licenses and details of revocation of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, as well as Articles 148-2 (1) 1, 152 (1), and 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor by repeating the same kind of crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (i.e., reflectability of the accused and the fact that there is no record of the crime exceeding the fine, considering extenuating circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);
1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act (to prevent recidivism);