도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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
[criminal power] On May 10, 2007, the Defendant issued a summary order of KRW 700,000,000,000,000,000,000,000 won as a fine for the same crime at the Jung-gu District Court's Goyang branch on August 23, 2013.
【Criminal Facts】
On June 28, 2014, at around 04:35, the Defendant, without obtaining a motorcycle driver’s license, driven B Obaba in the direction of 0.093% alcohol concentration. From the main edge of “Noriri and beer,” which is in the Gyeonggi-si Dan-dong, the Defendant driven B Obaba at the direction of about 5 km from the front edge of “Nori and beer,” to the front edge of the “Yari-si,” located in the Gyeonggi-si Dan-dong
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (applicable to criminal records and summary orders);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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. The reason for sentencing under Article 62-2 of the Criminal Act lies in the history of serving alcohol or driving without a license. In particular, the Defendant again commits the instant crime even though he was sentenced to a summary order due to the violation of the Road Traffic Act in 2013, and the Defendant again commits the instant crime, taking into account the circumstances and progress of the instant crime, and all the conditions of sentencing, including blood alcohol concentration, etc., the sentence is imposed as ordered.