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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 24, 2009, the Defendant issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act in the Sungwon District Court's Sungnam branch on November 24, 2009, and on May 2, 2014, the Defendant issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act at the Suwon District Court on May 2, 2014.
On March 19, 2015, the Defendant, without obtaining a driver’s license at around 02:29, driven a rocketing car from the 1km section to the front road of the Suwon bus terminal, which is instigates the right line at Suwon-si, under the influence of alcohol by 0.182%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous records before ruling: Application of a reply to criminal records, a criminal investigation report (report attached to the same criminal records and summary order);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act shall choose to imprisonment with prison labor in consideration of the fact that he/she has been punished five times for the same kind of crime, is high in alcohol content and is engaged in a dangerous driving under the influence of alcohol, etc.
However, in addition to the above circumstances, the execution of imprisonment (0 months) shall be suspended in consideration of the fact that the defendant reflects the situation, and that there is no record of punishment exceeding the fine (2 years), and community service and lectures shall be ordered to prevent recidivism (2 years).