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
[criminal power] On December 30, 2010, the Defendant was notified of a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 12, 2017, and a fine of five million won for a violation of the Road Traffic Act at the Ulsan District Court on April 12, 2017. On October 12, 2018, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on October 12, 2018.
【Criminal Facts】
On April 28, 2019, at around 11:45, the Defendant driven Creck vehicle without a driver’s license, while under the influence of alcohol content of approximately 0.195%, at the vicinity of the Southern-gu, Nam-gu, Ulsan-gu, Seoul-do, and the front road of the same Gu B.
As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. A statement of inquiry, such as the ledger of driver's licenses (previous records), criminal records, etc., two copies of summary orders, and application of statutes of one written judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who violates the former Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., although the defendant was punished for a drunk-driving crime, he/she is trying not to repeat the crime through the confession of the crime of this case, the mistake is divided, the treatment of alcohol existence, etc., and there is no record of punishment exceeding the fine, and the defendant's age, environment, and other facts.