도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 7, 2010, the Defendant issued, respectively, a summary order of KRW 2.5 million to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million to a fine in the same court on December 7, 2016.
On September 21, 2017, under the influence of alcohol content of 0.262% in blood without a driver's license, the Defendant driven a vehicle of approximately 3 km from the front side of the South-North Korean movable to the front side of the advanced vehicle scrapping station located in the free will of both sides at the Yangju City, with a driver's license of around 0.262% in both sides.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, photograph, and the register of driver's licenses;
1. Previous convictions: Inquiries about criminal history, investigation reports, and application of the statutes of the judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the accused has been punished for the same kind of crime several times even before the instant case.
The instant case also is a case where the license was revoked due to drinking driving, and the alcohol concentration in blood is very high and the case was controlled while driving.
It is necessary to punish the defendant strictly.
Provided, That the defendant has no record of being subject to the punishment exceeding a fine by this day.
Comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, etc., the defendant is sentenced to the same punishment as the order for suspending the execution of imprisonment only once.