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 one year from the date this judgment becomes final and conclusive.
On May 28, 2010, the Defendant had been issued a summary order of KRW 1.5 million by the Daegu District Court for the violation of the Road Traffic Act, and the summary order became final and conclusive on June 12, 2010. On September 9, 2011, the Daegu District Court issued a summary order of KRW 5 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving) and issued a summary order of KRW 5 million on October 20, 201.
Punishment of the crime
1. On April 27, 2012, the Defendant was under the influence of alcohol with a blood alcohol content of 0.257% without obtaining a driver’s license on April 27, 2012. On the front of a restaurant of “Skhan knife” located in the Gu and Sinsidong, the Defendant driven C Costaex knife at the 2km section from the front of a restaurant of “Sknife knife” located in the Gu and Sinsidong up to the road.
2. On July 16, 2013, at around 22:30, the Defendant, without obtaining a driver’s license, driven C Costasch Rexroth on the road in front of the Gu and U.S. water supply and sewerage business office located in the Gu and U.S. Corporation, while under the influence of alcohol by 0.14%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of each drinking driver and notification of the result of the control of drinking driving;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to prosecutor's investigation reports (attached to summary orders for the same kind of case);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license);
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 between the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) and each punishment shall be imposed for a more severe violation of the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. Roads of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act among concurrent crimes are more severe;