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 August 18, 2019, the Defendant: (a) around 23:46 on August 18, 2019, the Defendant driven D body-man car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.202% from the 3km section from Kimhae-si to the front road of the C kindergarten located in Gangseo-gu Busan Metropolitan City to the end of the kindergarten located in Gangseo-gu.
2. On October 14, 2019, around 15:50 on October 14, 2019, the Defendant driven a DNA car without obtaining a driver’s license at a section of approximately 1.5 km from the E apartment parking lot in Kimhae-si to the front road in the same city-dong.
Summary of Evidence
1. The defendant's legal statement [2019 Highest 1908];
1. Report on detection of violation of the Road Traffic Act (free Driver's License) and report on the circumstantial statement of the driver, and details of disposition for the revocation of driver's license;
1. Detection and report, and application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the first violation of the Road Traffic Act at the time of the market and the violation of the Road Traffic Act between the crimes without a license);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) reflects the wrongness of the defendant; Article 62 (1) of the same Act stipulates that the defendant would not drive a drinking without a license; and there is no record
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;