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
The Defendant, at the Suwon District Court on March 13, 2013, received a summary order of a fine of four million won due to a violation of the Road Traffic Act, and on October 23, 2009, received a summary order of a fine of 1.5 million won for the same crime at the same court on October 23, 2009, and has the record of violating Article 44(1) of the Road Traffic Act two or more times.
On December 28, 2014, at around 3:30, the Defendant driven a motor vehicle with the blood alcohol level of 0.138% under the influence of alcohol level without obtaining a driver’s license from the front side of the water source terminal located in the Suwon-si, Suwon-si, 151 Densan-si to the underground parking lot of about 15 km-dong 108.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers, circumstantial report on drivers, and the register of drivers' licenses;
1. Previouss before judgment: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes (reports on the same type of criminal records);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (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;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of Article 62 (1) of the Criminal Act on the grounds that the defendant is seriously against his/her will, such as receiving a psychiatrist and medical treatment in order to raise his/her drinking habits, and that there is no penalty exceeding the fine, and considering the age,
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;