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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 13, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on November 13, 2009, and KRW 7 million as a fine in the same court on November 19, 2013.
On December 12, 2015, the Defendant driven B-be under the influence of alcohol alcohol concentration of about 0.137% without obtaining a driver’s license from around the construction site of Han-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of a report on investigation (the same type of summary order);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act has already been sentenced to a fine for the same kind of crime, and thus, the defendant should be punished strictly. However, the defendant has not been punished more than a fine, and the defendant has reflects the fact that there is no other punishment, and the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, and circumstances after the crime, etc. shall be comprehensively taken into account, and the sentence shall be determined as ordered by the order, and the execution of the sentence shall be suspended on condition