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 July 27, 2009, the Defendant issued a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (Crime of Drinking) at the Changwon District Court, and on May 31, 2010, the same court issued a summary order of KRW 2,00,000 as a fine for the same crime.
On December 28, 2017, the Defendant driven a Bsch-ton car without obtaining a driver's license, under the influence of alcohol concentration of about 0.124% from the 3km section from the public parking lot located in the Masan-dong, Changwon-si, Changwon-si, the Changwon-si, to the roads located in the same Masan-dong, Masan-dong to the front day of the Masungwon-dong.
Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle without a driver's license while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of previous personal history), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense subject to the relevant Acts and subordinate statutes;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 40 and Article 50 of the Criminal Act, Article 62-1, Article 62-2 of the Criminal Act, which states that the defendant has been punished several times due to drinking, driving without a license, etc.
However, in consideration of various circumstances, such as the fact that the defendant repents and reflects the wrong, the degree of alcohol in blood and driving distance, etc. at the time of crackdown, the punishment as ordered shall be determined.