도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 August 8, 2013, the Defendant was punished by a fine of KRW 4 million for a violation of road traffic law at the Daejeon District Court on August 8, 2013, and a fine of KRW 6 million for a violation of road traffic law at the same court on March 31, 2016.
On March 15, 2017, the Defendant driven a vehicle B Poteten without obtaining a driver’s license from around 00:38, in a state of alcohol with approximately 0.067% alcohol concentration in the area of approximately 500 meters away from the Do in front of the Dobong-gu, Daejeon, Seo-gu, Seo-gu, Daejeon to the Do in the direction of the Do in which the alcohol concentration in blood is 0.067%.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on two occasions, was driving a motor vehicle under the influence of alcohol in violation of this Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and entries in the driver's license ledger;
1. Application of the statutes written in reply to inquiries, such as criminal history;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
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. An order to attend a course under Article 62-2 of the Criminal Act;