beta
Text
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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2004, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law at the Ulsan District Court on March 21, 2006, a fine of two million won for the above crime at the Ulsan District Court on March 21, 2006, in Busan District Court’s Dong Branch on August 6, 2013, a fine of four million won for the above crime at the Busan District Court’s Dong Branch on August 6, 2013, and three million won for the above crime at the Ulsan District Court on October 21, 2015.
On January 12, 2016, the Defendant driven a D-hurd vehicle with alcohol content of 0.197% in alcohol while under the influence of alcohol without a driver’s license, from the front day of the Dongyang-gu, Ulsan-gun, Ulsan-gun, U.S., to the front day of the 119 Safety Center of the same Riyangyang-do.
As a result, the Defendant once or more times in violation of the Road Traffic Act (drinking driving) driving a motor vehicle under the influence of alcohol without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;
1. The circumstantial report of the driver employed at the main place;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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 Commercial Concurrent Crimes Act (Punishment of any punishment provided for a crime of violating the Road Traffic Act with more severe punishment and choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1)
1. An order to attend a course under Article 62-2 of the Criminal Act;