도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 October 15, 2012, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1 million, and a summary order of KRW 4 million from the same court on July 15, 2014 to the same crime, respectively.
On August 27, 2014, at around 00:52, the Defendant driven C sm7 car under the influence of alcohol leveling of about 0.133%, without obtaining a driver’s license, from the 1km section of approximately 1km from the road near the upper dong-si, Seocheon-si, Seocheon-si to the end of 107, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into driver's license and the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports, investigation reports (suspects' second-time records of drinking driving), and 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 same shall apply to reasons for discretionary mitigation);
1. Defendant shall be punished strictly in light of the fact that he/she drives again drinking, even though he/she had a record of punishment twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act;
b. However, considering the fact that the defendant is against the defendant, the age, character and conduct, environment, the motive and background leading up to the crime of this case, the means and consequence, the circumstances before and after the crime of this case, and other circumstances shown in the records of this case, the punishment as ordered shall be determined.