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] On November 7, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and KRW 5 million as a fine at the Incheon District Court on December 16, 2013, respectively.
【Criminal Facts】
On April 10, 2014, at around 19:10, the Defendant driven B Poter cargo under the influence of alcohol with a blood alcohol concentration of 0.209% without obtaining a driver’s license from the Do in front of the Sea Investigation Do in Jung-gu Incheon, Incheon, to the front road of the Poter Residents’ Center located in the same Dong from around 500 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses and reports on driving licenses;
1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201)
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;