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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 30, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 30, 2009, and KRW 3 million for the same crime at the above court on March 22, 2017.
On March 29, 2017, the Defendant driven B beer cruise car with alcohol content of 0.108% while under the influence of alcohol without a driver’s license from the parking lot of the agricultural and fishery products market located in the Nam-gu Busan Metropolitan City, Ulsan-si to the front road of the ninisium located in the same month from around 1km to the front road of the lusium located in the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 21) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate the amount of punishment (i.e., repetition of the same type of crime, risk of repeating a crime, and degree of drinking up to 0.108%), taking into account the following circumstances: (a) there is no record of punishment heavier than the suspension of execution due to the same kind of crime; (b) there is no record of criminal punishment heavier than the suspension of execution due to the same crime; or (c) there is no accident; and (d) other circumstances, such as the details of the crime
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;