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
1. On September 7, 2012, the Defendant received a summary order of KRW 4 million from the Jung-gu District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on July 21, 2017, the Defendant received a summary order of KRW 2,00,000 as a fine of KRW 2,00 as a crime of violating the Road Traffic Act from the Jung-gu District Court's Goyang Branch.
On January 24, 2019, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a C Sti-type car with a blood alcohol content of about 0.103% under the influence of alcohol at a section of about 1km from the front Do of the Gu Government-si B to the gold under the same city roads.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a vehicle in the SP area, operated a vehicle in CP which is not covered by mandatory insurance, at the same time and place as the foregoing paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of the control of drinking driving;
1. Previous records before ruling: Application of two copies of the criminal history records, investigation reports, and summary order under two Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed by driving a vehicle which is not covered by mandatory insurance under the condition of 0.103% of the blood alcohol concentration in the second blood.
However, the fact that the defendant is recognized as committing a crime, the fact that the defendant is faced with an economic difficult situation, and the majority of the defendants want to take the action.