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
[criminal power] On October 29, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court as well as a summary order of KRW 5 million with a fine of KRW 2 million on October 20, 2013 at the Ulsan District Court.
【Criminal Facts】
On January 26, 2015, the Defendant, while under the influence of alcohol by 0.097% without a driver’s license on January 26, 2015, driving approximately 2 km from the front day of the eFstyst and the road in front of the safe station located in the same city of the city of the city of the city of the city of the city of the city of the vehicle of 0.097%, without a driver’s license on January 26, 2015, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing 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 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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 on the stay of execution (Consideration, such as the fact that the defendant is against the defendant and the blood alcohol concentration is relatively low);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;