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 November 6, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Jung-gu District Court on November 6, 2007, and was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on July 26, 2012.
On February 26, 2013, at around 01:27, the Defendant driven B-wing truck under the influence of alcohol with a blood alcohol concentration of 0.074%, without obtaining a driver’s license, from the Do in front of the Kuri market located in Kuri-si, Siri-si, to the road of about 200 meters in front of the same 531 prior road.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. Registers of driver's licenses;
1. Previous records: Application of inquiry reports and investigation reports (reports on criminal records of suspects) and statutes, including criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;
1. Selection of alternative imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend the course of sentencing under Article 62-2 of the Criminal Act: (a) the Defendant may have the record of punishment for drunk driving (four-time) or unlicensed driving (four-time), etc. that are disadvantageous to the Defendant; (b) the Defendant committed a crime; (c) the Defendant’s perception and misjudgments the Defendant; (d) the Defendant does not have any previous record of suspended execution or higher; and (d) the Defendant’s age, character and conduct, and environment, etc., are considered to be subject to suspended execution only once;