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
[criminal power] On January 22, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 12, 2007; a fine of KRW 3 million to a violation of the Road Traffic Act (driving) in the same court on July 12, 2007; a fine of KRW 5 million is imposed by the same court on August 7, 2012; and a person who was sentenced to a fine of KRW 5 million by the same court on November 7, 2014 to a violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 02:00 on August 5, 2015, the Defendant driven B rocketing vehicles under the influence of alcohol content of 0.121% without obtaining a driver's license at a section of about 500 meters from the front day of the Park Dog-dong to the front day of the Hadong-dong in Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses, reports on the results of the control of drinking driving, reports on the state of drinking driving, and reports on the results of the control of drinking driving;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting an offense, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, when considering the fact that the defendant was punished for the violation of the Road Traffic Act on several occasions in the past and again committed the instant crime, the defendant must be punished strictly, but the fact that there is no punishment exceeding the fine due to the same crime, and that it appears that he is against the order, shall be determined as the sentence as ordered.