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 May 6, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and a summary order of KRW 4 million for the same crime at the Seoul Eastern District Court on October 2, 2014, respectively.
【Criminal Facts】
On July 20, 2016, at around 09:00, the Defendant driven a golf car under the influence of alcohol with approximately 4 km alcohol concentration of 0.108% without obtaining a driver’s license from the front of the luminous stable shooting distance in the same side to the front of the luminous ginseng street in the same side, on July 20, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, details of disposition on the revocation of driver's license, and ledger of driver's licenses;
1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);
1. Relevant provisions of Article 148-2 (1) 1, and Article 48 (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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant, from 2009, was engaged in the instant crime and driving without a license.
Blood alcohol concentration is not low.
Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the accused is against the law and there is no previous conviction in excess of the fine.