도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On August 18, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the District Court of Jung-gu on August 18, 2008, and a fine of two million won as a same crime in the same court on May 29, 2012.
[2014 Highest 1951] The Defendant, as above, violated Article 44(1) of the Road Traffic Act more than twice, driven B-be under the influence of alcohol content of about 0.094% without obtaining a driver’s license at the section of about 200 meters in front of the mountain special zone located in the same Dong and Dong from the street in front of the mountain mountain zone in the same Dong on June 8, 2014.
[2014 Highest 2359] The Defendant, as above, violated Article 44(1) of the Road Traffic Act more than twice, was driving B-be under the influence of alcohol 0.153% without obtaining a driver’s license in the section of about 1km from May 19, 2014 to the front day of the same day, around 22:15 on May 19, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each report on the results of the crackdown on drinking driving, and each report on the actual state of drinking drivers;
1. A driver's license inquiry;
1. Previous records of judgment: Application of criminal records, inquiry records, and summary order for a suspect driving;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his/her attitude to repent in depth with his/her mistake and that he/she has no record of punishment exceeding a fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);
1. Orders for probation and education;