도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 May 16, 2016, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court on September 28, 2016, respectively.
On March 8, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-learning motor vehicle from the road front of the Cheongju-gu Cheongju-gu Cheongdong-gu Cheongju-gu Cheongdong-gu Cheongju-si, to the road front of Cheongju-gu Cheongdong-gu Cheongju-gu Cheongdong-gu Cheongju-si Do-si Do-si Do-si Do-ri, without obtaining a driver’s license for a motor vehicle at around 21:45.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven a vehicle without a driver's license while under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. An explanatory note;
1. The driver's license ledger;
1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da12488, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);
1. The community service order under Article 62-2 of the Criminal Act;