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 January 19, 2007, the Defendant issued a summary order of two million won for a crime of violation of the Road Traffic Act at the Suwon District Court, and on May 2, 2014, the Defendant had the record of violating Article 44(1) of the Road Traffic Act by being sentenced to a summary order of seven million won or more for the same crime at the same court.
On March 1, 2015, the Defendant, without obtaining a driver’s license on March 21, 2015, driven a wre vehicle B from approximately 500 meters to the front road of “other vehicles” located in the sphere of Suwon-si, Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol by 0.193 percent of blood alcohol concentration, without obtaining a driver’s license on March 1, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previouss before ruling: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes (report attached to a summary order);
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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The execution of imprisonment after discretionary mitigation shall be suspended, taking into account the fact that the defendant for the reason of sentencing and order to attend the course of probation and education reflects the sentence of Article 62-2 of the Criminal Act, and that there is no record of punishment exceeding the fine, but the execution of imprisonment shall be suspended, taking into account the fact that blood alcohol is high and the necessity of preventing recidivism, etc., the period of imprisonment and suspension