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
The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Western District Court on August 31, 2007, and was sentenced to a fine of one million won for the same crime at the Seoul Southern District Court on February 28, 2008, and was sentenced to a fine of one million won for the same crime at the Seoul Southern District Court on April 8, 2011, and was sentenced to a fine of five million won for the same crime at the Seoul Southern District Court on December 20, 2012, and was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on December 20, 2012.
On May 6, 2013, at around 21:41, the Defendant driven a car at a distance of approximately 200 meters from around 777 to the large forest basin located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, while under the influence of alcohol by 0.174 percent of blood alcohol concentration.
As above, the Defendant, who violated the prohibition clause under the influence of alcohol more than twice, was driving a motor vehicle without obtaining a driver’s license again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order of the same kind of force);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and consideration provided for in Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she does not drive a vehicle, such as disposing of the vehicle, etc. and the fact that he/she does not have any past record of punishment exceeding the fine);
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;