도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On August 3, 2012, the Defendant received a summary order of KRW 4 million from each of the charges of violating the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court on August 3, 2012 and from the same court on November 28, 2013.
On May 23, 2014, at around 22:08, the Defendant driven a “scar”-type B under the influence of alcohol content of at least 0.057% without obtaining a driver’s license from the front of the “scar” restaurant, which is located in the original city level, to the front road of the Gu Gami elementary school located in the same Si/Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of reports on detection and licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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 ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant was punished twice due to drinking driving, etc. for the last two years, as stated in the judgment of the court below. On May 2, 2014, immediately preceding the instant case, a person was sentenced to a fine of two million won due to driving without a license, and other various circumstances, such as the defendant's age, character and behavior, character and environment, shall be determined by the same sentence as the order.