도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 January 4, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on March 26, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court.
On June 17, 2013, at around 00:30, the Defendant: (a) planned a vehicle under the influence of alcohol with a blood alcohol concentration of 0.207% without obtaining a driver’s license at a section of approximately 100 meters from the front of the terminal pharmacy located in the Dongwon-gun, Gangwon-gu, Gangwon-do; and (b) drive the vehicle under the influence of alcohol with a blood alcohol concentration of 0.207%.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on detection of a host driver;
1. Making a report on the control of drinking driving;
1. The driver's license ledger;
1. Reports on investigation (at the time of arrest of the suspect), photographs;
1. Investigation report (verification of the distance from the criminal suspect's criminal investigation and drinking);
1. Previous records: Application of criminal records, etc. and investigation reports, and Acts and subordinate statutes (report accompanied by summary orders for driving under influence of a suspect);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;