도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 5, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Changwon District Court on October 18, 2010, respectively.
1. Around 07:00 on July 16, 201, the Defendant driven a C Poter vehicle without a vehicle driver’s license in a section of about 800 meters in front of Chungcheong farming and fishing village located in the same road as the 627-23-dong, Chungcheongnam-si, Kimhae-si.
2. On July 16, 201, the Defendant: (a) committed a violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license); (b) followed the Poter truck under the influence of alcohol by 0.305% of the blood alcohol concentration without a driver’s license, at the Chungcheong farming and mountain parking lot located in the father-dong in the Kimhae-si, Kim Jong-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. The motor vehicle driver's license ledger;
1. A traffic accident occurrence report;
1. Records before judgment: Application of inquiry reports on criminal records, etc., investigation reports (written judgments and summary orders);
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; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspension of execution (such as being provided with an opportunity to reflect his/her gender and detention);
1. It is so decided as per Disposition on the grounds that probation or order to attend a lecture is not less than Article 62-2 of the Criminal Act;