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 April 22, 2010, the Defendant issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on April 22, 2010, and on March 29, 2016, the Seoul Southern District Court issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act.
1. Around 01:00 on September 15, 2018, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) operated a studio without a license in a state of 0.176% alcohol concentration in the section of about 4km from the road near the Csung Party located in Gangseo-gu Seoul Metropolitan Government to the E-gas station located in Seocheon City D, without a motorcycle driver’s license.
2. While the Defendant was prohibited from operating a motor vehicle on a road without mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a obane without any number plate that was not covered by mandatory insurance at the date and place specified in the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on actual condition, report on the control of drinking and driving, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports (a summary order, etc.);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running a motor vehicle with no mandatory insurance), subparagraph 2 of Article 154 and Article 43 (the point of operating a motor vehicle without a license) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 (the point of operating a motor vehicle without mandatory insurance) of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the violation of the Road Traffic Act due to the crimes of violation of each Road Traffic Act at the time of making a judgment more severe punishment and the crime of violation of the Road Traffic Act due to the preceding judgment
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Details and results of each of the crimes with reason for sentencing under Article 62-2 of the Criminal Act, the circumstances leading to such crimes, and