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
On September 11, 2007, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on September 11, 2007, and a summary order of two million won by the same court on December 23, 2010, respectively.
Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, the Defendant driven a FNow car in a state of under the influence of alcohol 0.182% without obtaining a driver’s license from the front of a restaurant located in the Daegu Suwon-gu B to the front of the restaurant located in the same Gu, Daegu-gu, Daegu-gu, and about 700 meters from the road in a section of about 19:30 on November 22, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. A written appraisal of blood alcohol concentration;
1. Previous records of judgment: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished for driving without a license or driving under drinking several times.
Nevertheless, since the crime of this case was committed again, the imprisonment will be selected.
However, in consideration of the fact that the defendant's error is recognized and the defendant's economic situation, etc., the execution shall be mitigated, and the execution shall be suspended, and the punishment shall be determined as ordered by imposing a participation in the compliance officer's lecture to prevent recidivism.