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.
The Defendant is a person who was sentenced to a fine of KRW 1.5 million by the Daegu District Court on August 26, 2008 for a violation of the Road Traffic Act, and was sentenced to a fine of KRW 3 million by the same court on September 14, 201.
Criminal facts
On May 2, 2012, at around 04:16, the Defendant, without a driver’s license, driven a B-L car without liability insurance, under the influence of alcohol content of approximately 8km 0.125%, from the front day of the drinking house at which it is impossible to identify the trade name in Ulsan-gu, Ulsan-dong without a driver’s license, to the front day of the Hyundai B-Leng-dong, Ulsan-gu, Ulsan-gu, U.S., U.S., to the front day of the Hyundai P-U.S
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses and disqualified meetings of the main office;
1. The credit bureau and the mandatory insurance association;
1. Previous records: Application of criminal records, etc. and investigation reports (a copy of the previous report and summary order attached) Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggravated by concurrent crimes as provided for in the Road Traffic Act which has heavier punishment, but to the extent that the maximum term of both crimes is added up];
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Probation, community service and order to attend lectures under Article 62-2 of the Criminal Act;