beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 17, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Western District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on May 16, 2013, a summary order of KRW 4 million was issued from the Seoul Western District Court to a fine of KRW 1,000 for the same crime.
On November 29, 2013, at around 16:29, the Defendant driven a B Lart car without a driver’s license, while under the influence of alcohol 0.119% from the section of approximately 200 meters, from the front of the cafeteria of the Suwon-si, Suwon-si to the road preceding the same 433-79.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. A report on detection of a host driver;
1. Previous convictions in judgment: The application of Acts and subordinate statutes of inquiry reports and investigation reports (Attachment to 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of a sentence of imprisonment with prison labor (two times the criminal records of the same kind);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14548
1. Suspension of execution shall be decided as per the disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession of a crime committed in excess of the aforementioned reasons, etc.);