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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 27, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on December 27, 2012; on April 21, 2016, a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court on April 21, 201; on February 8, 2017, the Defendant issued a summary order of KRW 2 million to a fine at the Busan District Court on February 8, 2017.
On April 9, 2017, the Defendant, without obtaining a driver's license for a motor vehicle on or around 09:33, driven a motor vehicle with a alcohol content of 0.098% in the blood while under the influence of alcohol from the NAS apartment parking lot located in the Busan-gu Busan-gu Busan-dong to the roads located in the ELS-dong, Busan-dong, for approximately five kilometers from the NAS apartment parking lot to the roads located in the ELS-dong, Busan-gu.
Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, had been punished three times due to drinking driving and one-time fine due to driving without a license, again, was sentenced to imprisonment for the instant crime. As such, the Defendant was sentenced to imprisonment with prison labor as it is difficult to achieve the purpose of punishment due to a fine, and considering the Defendant’s attitude to reflect, the Defendant appears in the arguments of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc.