도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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
[criminal power] On March 20, 2017, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (licensed Driving) and a summary order of KRW 3 million by the same court on December 7, 2018, respectively.
【Criminal Facts】
On March 18, 2019, at around 00:0, the Defendant driven a motor vehicle with Emea while under the influence of alcohol concentration of about 0.287% without obtaining a driving license from the front of the “C” road located in Ulsan-gun B, Ulsan-gun, to the front of the D Village.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time, violated the prohibition of drinking under the Road Traffic Act more than twice, and driving a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;
1. Probation, community service order and order to attend the course of education under Article 62-2 of the Criminal Act are driving a motor vehicle under the influence of alcohol without a driver's license, and the crime of this case is the nature and circumstances of the motor vehicle.