Text
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 500,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. On March 21, 201, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking and driving without a license) on the part of the Defendant on March 21, 201. On May 19, 201, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (drinking and driving without a license) on the part of the Defendant on the part of the Friging Friging Board.
On March 11, 2017, the Defendant, while under the influence of alcohol 01:40% among blood, driven a motor vehicle at approximately 1 km section from the front of the restaurant where the trade name in the Changdong in Ischeon-si without a driver’s license is unknown to the Defendant’s residence in the same city, from the front of the restaurant where the trade name in the Changdong in Leecheon-si is located in the same city, to the green apartment parking lot.
2. No person who violates the Automobile Management Act shall operate a motor vehicle ordered to suspend the operation;
Nevertheless, on August 11, 2016, the Defendant operated the C Austria car on which the order to suspend operation was registered at the date and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;
1. The driver's license ledger;
1. A copy of the motor vehicle registration ledger and a written request to suspend the operation;
1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 82 subparagraph 2-2, and Article 24-2 (2) of the Automobile Management Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act, which shall be aggravated for concurrent crimes.