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 January 18, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the early branch of the Chuncheon District Court, on April 16, 2010, a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) in the capital support of the Suwon District Court, and on February 8, 2017, the Incheon District Court issued a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (drinking driving).
On August 20, 2017, the Defendant driven a B-low-income vehicle without obtaining a driver’s license, under the influence of alcohol content of about 10km from the 10km section to the front road of the “Uananananan sports wave” located in 345, the 581 South-do Ro-ro, South-do Ro-ro, South-do 581.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of Article 44(1).
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of alcohol, issuance of inquiries, such as the ledger of driver's licenses, criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same criminal history as
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the Defendant had already been punished several times for the same kind of crime, but again committed the instant crime, and that the alcohol concentration at the time was considerably significant, etc., considering the circumstances favorable to the Defendant, on the other hand, recognized the instant crime and opposed to the fact that the Defendant recognized the instant crime, and there was no record of punishment exceeding the fine due to the same kind of crime.