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
1. On July 1, 2009, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court's Jin-gu branch on the same day, and on January 18, 2010, issued a summary order of KRW 2,00,000 as a fine for the same crime at the same court. On August 13, 2015, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by issuing a summary order of KRW 5,00,000 as a fine for the same crime.
On April 17, 2016, the Defendant, without obtaining a driver’s license, driven a F rocketing car under the influence of alcohol content of about 0.113% at a 1 kilometer section from the front of the “C” main point in Sacheon-si B to the front of E located in D at the same time.
2. On April 17, 2016, no person who violates the Guarantee of Automobile Compensation Act shall operate a motor vehicle on the road which is not covered by mandatory insurance. However, the Defendant operated a Frocketing motor vehicle that is not covered by mandatory insurance in the section of approximately one kilometer from the front point of “C” located in Sacheon-si B to the front of the road located in D at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor for choice of punishment;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the aggregate of long-term punishments) of the Criminal Act to increase concurrent crimes;