도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 12, 2008, the Defendant was sentenced to a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon method, and a fine of KRW 2,00,000 as a fine for the same crime from the support to the inside of the Suwon Friwon method on July 18, 2014, respectively.
On 05:01 on 21, 2017, the Defendant driven a B SP car at a section of about 700 meters from the 135-8 Haakwon-gu, Sungnam-gu to the 176-3rd way of the same 170 meters, while under the influence of alcohol by 0.153% during blood without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Inquiries into the license ledger and disqualified matters;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed 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 (The following favorable circumstances):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the same criminal records four times or more, the risk of recidivism, and the degree of alcohol content in blood reaches 0.153%, and is disadvantageous to the defendant.
However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confessions and reflects each of the crimes in this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.