도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six 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 April 23, 2014, the Defendant had been given a summary order of KRW 7 million due to a violation of the Road Traffic Act at the Ulsan District Court on the charges of violation of the Road Traffic Act. However, on March 20, 2020, the Defendant driving a FH car under the influence of alcohol level of KRW 0.122% without obtaining a driver’s license from C in the front of 22:30 Gangnam-si B to E in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Investigation report (related to telephone calls of 112 reporters, etc.);
1. Registers of driver's licenses, details of revocation of driver's licenses, and disqualified meetings of main office;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of the same attached power);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 with 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. An order to attend a lecture under Article 62-2 (1) of the Criminal Act is selected to be sentenced to imprisonment in consideration of the records of the same kind of crime and the degree of the taking of the accused’s order, and a sentence shall be suspended on condition that the term of punishment shall be mitigated within the scope of mitigated punishment, taking into account the fact that the accused has led to the confession of a crime and his/her mistake, and that there