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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 15, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court, on December 22, 201, a summary order of KRW 2 million as the same crime in the Seoul Southern District Court’s name on December 22, 201, and on January 6, 201, a summary order of KRW 5 million as the same crime in the Suwon District Court’s Ansan Branch Branch on January 6, 201, respectively.
On April 7, 2015, at around 05:15, the Defendant driven a Bra vehicle under the influence of alcohol concentration of 0.107%, without a vehicle driver's license, on the road near Dong-dong Village located in Ansan-gu in Ansan-si and at the same time as the 1267 Mari-gu in Manan-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. The register of driver's licenses (number 3);
1. A copy of the on-site photograph (number 2);
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
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 (The following consideration shall be made again for the reason of sentencing);
1. On January 6, 2014, the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was issued a summary order of KRW 5 million for the crime of drinking-driving by drinking drivers on at least two occasions at the Ansan Branch of the Suwon District Court. However, the Defendant again driven the instant drinking without a license under the influence of license, and thus, it is necessary to punish the Defendant solely because the nature of the relevant crime is heavy and is not good.
However, there is no criminal conviction or heavier for the defendant, and the defendant shows that he/she is able to repent of his/her mistake while making a confession from the police.