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 February 24, 2009, the Defendant has been sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch branch on February 24, 2009, and a summary order of KRW 2.5 million to a fine in the Seoul Southern District Court on May 29, 2014, respectively.
Criminal facts
On December 5, 2014, around 23:30, the Defendant driven a B Trate Motor Vehicle under the influence of alcohol concentration of 0.067% without a driver’s license at a section of approximately 400 meters from the front road of the “disponsiwon” located in Mangsan-dong, Mangsan-si, Mangsan-si, to the front road of the low-speed middle school located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry and a circumstantial report on a driver;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment in light of the fact that the defendant had been punished four times due to drinking driving, and that he/she again drives the instant drinking driving.
However, in consideration of the fact that the defendant repents his mistake, there is no record of punishment more severe than the fine, the fact that the drinking alcohol in this case is relatively low, there is a family member to support, etc., the punishment shall be determined to suspend the execution of imprisonment without prison labor and imprisonment without prison labor.