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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 14, 2007, the defendant was sentenced to a fine of 2 million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on June 14, 2007, and a fine of 3 million won due to a violation of the Road Traffic Act (driving) in the same court on August 30, 2012, and a fine of 5 million won due to a violation of the Road Traffic Act (driving) in the same court on November 20, 2013.
On April 27, 2014, at around 08:35, the Defendant driven B-low-income vehicle under the influence of alcohol content of 0.074% without obtaining a driver’s license from approximately 1km section from the front of a cafeteria in the mutual unfluent city Municipal Ordinance-dong to the front road of the 2nd apartment zone in the same city of Mancheon-ro.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the defendant had been punished for the same kind of drinking driving on several occasions, has committed the crime of this case, and the nature of the crime is heavy.
However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, and that the defendant again is expected not to drive a drinking free license.