도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 14, 2014, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Eunpyeong site, etc., and on August 30, 2014, the same court issued a summary order of KRW 3 million for the same crime. However, on August 29, 2014, the Defendant was driving a DNA car from about 1km in the same section from the Do of the coal station located in Pyeongtaek-si and Seo-dong to the Gyeong-dong-dong level of KRW 0.117% under the influence of alcohol content without obtaining a driver’s license on August 29, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and the driver's license ledger;
1. Previous records: The application of criminal records, inquiry 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is very important in that the defendant repeats the same crime in a short period, the punishment as the order shall be determined by taking into account the following factors: (a) the confession of his/her crime is being committed; (b) the confession of his/her crime does not repeat the same day; (c) there is no penalty force exceeding the fine; and (d) the defendant’s age, character and conduct, circumstances after the crime