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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] The Defendant was sentenced to a fine of KRW 4 million on December 14, 2010 for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on December 14, 2010, and a person who was sentenced to a fine of KRW 5 million at the same court on December 6, 2013 for the same crime in the same court.
【Criminal Facts】
On August 30, 2014, at around 22:48, the Defendant driven a cwning vehicle with a dynaf in the e-mail parking lot located in the e-mail death log, from around 400 meters to the front road of the Republic of Korea in the same Ri, without obtaining a driver’s license, and driving a cwning vehicle with a blood alcohol concentration of at least 0.118% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports, such as the same type of power);
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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the accused repents his mistake, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Probation and community service order under Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;