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
On May 8, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine for a violation of the Road Traffic Act at the Daegu District Court on May 8, 2017, and on December 20, 2017, the Seoul District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act.
[Criminal facts] around 03:47 on February 4, 2018, the Defendant driven a D-Wz car while under the influence of alcohol content of 0.074% in blood without obtaining a driver’s license from around 15 meters in front of the parking lot C located in Yongsan-gu Seoul Metropolitan Government.
around 04:35 on February 3, 2018, the Defendant driven a D-Wez car without obtaining a driver’s license from around 1k section from the French-gu Seoul Seongdong-gu, Seoul to the same Gosan-ro 160 service distance.
Summary of Evidence
[2018 Highest 766]
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: A written reply to inquiries, such as criminal history (2018 Highest 1292);
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 provide community service and attend lectures under Article 62-2 of the Criminal Act;