도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On October 13, 2010, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a fine in the same court on April 18, 2013.
On July 8, 2015, the Defendant, without obtaining a driver’s license at around 20:33, driven a B bodyman-man-man car at approximately 1km from the front side of the Chuncheon-si 902-10 “Mazter”, in the state of drinking alcohol concentration of 0.078%, to the front side of the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Report on the situation of operation without a license;
1. Previous records: Application of criminal records, etc. 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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 favorable circumstances specified in the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);
1. The punishment shall be determined in consideration of favorable circumstances, such as the low blood alcohol concentration of the accused for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the accused has no criminal record of probation or higher, and the fact that the accused reflects the crime;