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 August 9, 2012, the Defendant issued a summary order of KRW 4 million with a fine of KRW 7 million due to a violation of the Road Traffic Act (drinking driving), and on December 7, 2015, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) from the Suwon District Court’s Pyeongtaek District Court’s site.
On March 22, 2017, around 11:11, the Defendant driven BMW car under the influence of alcohol concentration of about 0.059% without a driver’s license from around the front of the main road in Pyeongtaek-dong, Pyeongtaek-dong, Seoul, to the front road in the 5km-dong, Nowon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home, report on the circumstances of driving without licenses, and inquiry of driver's license;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a summary order accompanied);
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 on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. favorable circumstances: The recognition of a crime, reflectivity, or alcohol concentration in blood is low, and there is no record of punishment exceeding a fine due to the same crime;
2. Unfavorable circumstances: Six times the past record of punishment for drinking or non-licensed driving (all fines), three times the past record of punishment for suspension of execution (all of these crimes).
3. The above circumstances, the motive and circumstances of the instant crime, and the family relationship of the Defendant, etc., shall be comprehensively considered, and the conditions of sentencing prescribed in Article 51 of the Criminal Act shall be determined as ordered.