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 June 27, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Traffic Act (drinking driving) at the Busan District Court, and on March 18, 2009, the Defendant was sentenced to imprisonment for six months and two years of suspended execution.
On October 24, 2015, at around 21:40, the Defendant driven C truck with alcohol content of about 0.062% while under the influence of alcohol without obtaining a driver’s license from around 100 meters before and after the lower end of the YY at the lower end of Busan, but from around 100 meters before the lower end of the same river.
Summary of Evidence
1. Statement by the defendant in court;
1. Details of driver's license revocation and the ledger of driver's licenses;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the reflection of the accused and the fact that there is no criminal record since 2009);
1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;