도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 16, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on December 16, 2016, the same court received a summary order of KRW 1,50,000 as a fine for the same crime.
On October 18, 2018, the Defendant, while under the influence of alcohol of 00:25%, driven the E Spo-type car volume from around 2 km to the C apartment D-dong underground parking lot, without obtaining a driver’s license, from around 0.142% of the blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of the control of drinking driving;
1. On-site photographs;
1. The driver's license ledger;
1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (report attaching the same type of power) and statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, 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 reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant has been sentenced to a suspended sentence of imprisonment due to drinking driving even before, and has been punished several times.
Nevertheless, the crime of this case was committed under the influence of 0.142% of the blood alcohol concentration in the second blood.
The defendant was found to have been exposed to a vehicle under the influence of the city, and it seems that he was a very difficult state at the time of committing the crime.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.