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 21, 2010, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on October 23, 2012 from the same court, the Defendant received each notification of the summary order of KRW 4 million for the same crime.
1. On October 7, 2018, the Defendant was under the influence of alcohol 0.202% on blood alcohol level on October 13:17, 2018, the Defendant driven a chip motor motor bicycle with no license plate from the front side of the road located in Busan B, the Busan, to the front side of the road.
2. Although the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the said motor vehicle at the date and time and place indicated in paragraph (1);
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking driving, and investigation report (investigation, etc. of any specific suspect);
1. Previous records: Application of Acts and subordinate statutes of investigation reports (Attachment of the same type of judgment);
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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; the choice of imprisonment with labor;
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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, in comprehensive consideration of the following factors: (a) the Defendant committed the instant crime even though he/she had the record of being punished for the same kind of crime; (b) the blood alcohol density of the Defendant; (c) the risk of the instant crime; and (d) the Defendant’s age, character and conduct, environment and circumstances after the crime; and (c) the punishment as ordered