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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 25, 2013, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court for a violation of road traffic laws (drinking), and on June 19, 2017, a summary order of KRW 3 million was issued by the same court as the same crime.
On September 6, 2017, at around 23:50, the Defendant driven a motor vehicle from around 500 meters away from around 500 meters away from the restaurant in front of the Seocho-gu Seoul Special Self-Governing Province to the front front of the elementary school located in the same Dong, and without obtaining a driver’s license for a motor vehicle of 0.148% under the influence of alcohol during blood.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. The automobile license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;