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
The Defendant, at the Changwon District Court on March 16, 2015, issued a summary order of KRW 3 million with a fine of KRW 1,00,000 for a violation of the Road Traffic Act (the crime committed on January 21, 2015), and on April 6, 2015, issued a summary order of KRW 3 million with the same court on the same crime (the crime committed on February 18, 2015), respectively, at the same court on the same date on June 5, 2015 (the crime committed on May 6, 2015).
On June 10, 2015, at around 00:50, the Defendant driven C business car while under the influence of alcohol content of 0.2%, without obtaining a driver’s license from the house development village in Sing-si, Changwon-si to the front road in the same Gu from the house development village in Sinpo-si to the third public parking lot located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had a history of punishment several times due to drinking driving, choice of imprisonment is made, taking into account the fact that the defendant committed the instant crime, but the defendant has a variety of errors, and the punishment is determined as ordered only once, taking into account the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc.