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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 2, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 2, 201, and issued a summary order of KRW 7 million for the same crime in the same court on July 25, 2014.
[2] On November 21, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.079% without the driver’s license from around 1km to around 24 km-ro 461, Nam-gu, Incheon, Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, to around 23:45.1.21.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);
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)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);
1. An order to attend a course under Article 62-2 of the Criminal Act;