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
On October 14, 2013, the Defendant is a person who has been in violation of Article 44(1) of the Road Traffic Act, such as a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on October 14, 2013, and a summary indictment to the above court on July 4, 2016.
Despite the fact that the Defendant had been in violation of Article 44(1) of the Road Traffic Act two or more times, the Defendant, without a driver’s license, driven a B-wing vehicle from about 1km to the front road of the Stungdong located in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the state of drinking alcohol content of 0.268%, around August 8, 2016, while under the influence of alcohol content of at least 0.56%.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the control of drinking driving;
1. A copy of the usage register of measuring instruments for drinking;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. A person who has been punished as the same military force several times for the reason of sentencing in Article 62-2 of the Probation Criminal Act is subject to unfavorable circumstances such as the recidivism and the high blood alcohol concentration level.
Punishment shall be determined in consideration of two factors, such as the fact that there is no criminal force other than the same crime, the fact that there is no good health such as treatment due to depression, etc., and the treatment of alcohol dependence.