도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 October 17, 2006, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 5 million by the Seoul Northern District Court on January 27, 2015.
On October 23, 2015, the Defendant driven a BKaz II car with alcohol content of about 0.166% while under the influence of alcohol without a vehicle driver’s license from around 4.5 km to around 106 the front side of the same Eup-Myeon from the Yan-ri to the 106-dong parking lot where the Eup-Myeon located in the same Eup-Myeon due to the influence of around 18:05 around 18:05.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on driving force under drinking) statute;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor as a matter of choice (it shall be taken into consideration, such as the fact that the pertinent drinking or non-licensed driving was conducted again despite the possible history of punishment for driving under drinking, and that the blood alcohol concentration is not low);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Amount (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1, 2007)
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the suspension of execution shall be repeatedly considered);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;