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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On November 14, 2016, the defendant of "2017 Highest 438" is a person who has been sentenced to a summary order of a fine of five million won or more due to a violation of road traffic law (driving) at the Chungcheong District Court on November 14, 2016, and a person who has been sentenced to a summary order of three million won or more due to a violation of road traffic law (driving), such as receiving a fine of three million won or more due to the same crime from the Suwon District Court on July 4, 2016.
On December 14, 2016, around 20:03, the Defendant driven a car in the column B while under the influence of alcohol content of about 0.106% without a vehicle driver’s license from the front of the mutually unclaimed restaurant in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu to the front road of the Heungdong-ro 6-ro 107, Jungdong-ro 107.
2. The Defendant, “2017 Highest 732,” is a holder of Category C car.
On April 7, 2017, the Defendant driven the said car without a driver’s license from around 50km to the front road of the apartment of a member of the LG in the Heung-gu Seoul Metropolitan Government, Chungcheongnam-si, to the front road of the common elementary school in Pyeongtaek-si.
Summary of Evidence
"2017 Highest 438"
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of control and statement of the circumstances of driving in the main place;
1. Notification of the results of regulating drinking driving;
1. Investigative report (verification report on the register of driver's licenses), and copy of the driver's license register;
1. Previous convictions as indicated in the judgment: References about criminal history, investigation reports (report on the same end of the year), and copies of each summary order "732 highest order";
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts of the relevant Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act (unlicensed driving), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main text of Article 8 of the Guarantee of Automobile Compensation Act (un mandatory insurance).