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 5, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeonju District Court on September 5, 2008, and a summary order of KRW 3 million as a fine for the same crime from the Jeonju District Court on April 5, 2013, respectively.
On August 20, 2013, at around 22:00, the Defendant driving a car at approximately 3 km section from the front of the new town located in the Suwon-gun, Suwon-gun, and the front of the new town located in the same Eup to the long-distance at the entrance of the safe village located in the same Eup, without obtaining a driver’s license, and driving a car at C, while under the influence of alcohol with a blood alcohol concentration of 0.146%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;
1. Response to the request for appraisal;
1. Registers of driver's licenses;
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (attached to previous records and copies of summary orders);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Selection of imprisonment with prison labor chosen;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do140, Apr. 1, 200
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;