도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
On October 20, 2008, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on October 30, 2008, KRW 2 million to a fine at the Ulsan District Court on October 30, 2008, KRW 5 million to a fine at the same court on January 6, 2016, and KRW 7 million to a fine at the same court on March 23, 2016.
Although the Defendant had been punished four times due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven B City Oralb in the state of alcohol concentration of about 0.201% without a motor vehicle bicycle driver’s license from around 300m to around 00:05 on November 30, 2017, at around 300 to the long distance of the Nam-gu public health clinic located in the same Dong and south-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment to the same type of force), application of summary order-related Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that even though there are many persons who have been punished due to Defendant drinking and non-licenseless driving, they will not drink and drive a non-license again after committing the crime of this case.
The sentence as ordered shall be determined by comprehensively taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc.; the execution of imprisonment shall be suspended; and community service shall be ordered.