도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On February 10, 2011, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million with a charge of a violation of the Road Traffic Act (driving on April 5, 201, and a fine of KRW 3 million with the same court on April 5, 2013. On July 23:20, 2013, the Defendant was driving a Bskn vehicle under the influence of alcohol concentration of KRW 0.128% with no driver’s license from around the 200 meters section of blood alcohol concentration to the 192-7th day of the Nam-si, Namyang-do, Namyang-do. < Amended by Act No. 11954, Jul. 26, 2013>
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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. 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 extenuating circumstances among the reasons for sentencing);
1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. had a record of being punished twice due to drinking driving, especially the defendant committed the crime of this case around July 2013 after drinking, driving without a license, and being discovered on or around March 2013, and again committed the crime of this case on or around July 2013, it is necessary to strictly punish the defendant. However, the defendant is making a confession and not to repeat again, and there is no other criminal record other than the second fine, etc., the sentence shall be imposed as per the disposition.