도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
【Criminal Power】 On May 25, 2012, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Changwon District Court's branch on the same year.
9. 28. A person who has been punished for driving under drinking not less than twice, such as being notified of a fine of three million won in the same court for the same crime.
[2016 Highest 407] On September 29, 2016, the Defendant driven B Poter truck under the influence of alcohol content of about 0.092% without a car driver’s license at a section of about 8km in front of the water village located in the same Gun, Do from the front of the parking lot located in the Gancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.
[2016 Highest 428] On October 13, 2016, the Defendant, without obtaining a driver’s license, driven B Poter Cargo Vehicles over approximately 500 meters from the road near the rice cultivation of the Defendant in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, to the E-road in the same Gun.
Summary of Evidence
[Judgment of the court below]
1. Defendant's legal statement;
1. Criminal land, report on detection of motor vehicle drivers, and inquiry report on the register of driver's licenses, etc. 【2016 Highest 428】
1. Defendant's legal statement;
1. The register of criminal land and driver's licenses, etc.;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records and copies of judgment);
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; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Determination of imprisonment with prison labor as a matter of choice of punishment (to be sentenced to imprisonment with prison labor instead of a fine in consideration of the circumstances where a person continues to use the same vehicle even after the occurrence of the crime of drinking without a license or driving without a license, which was committed on September 29, 2016, after the criminal defendant was found to have been punished for driving without a license).