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.
Criminal facts
On October 20, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Masan Branch on October 20, 2014; KRW 5 million for the same crime in the Changwon District Court's Masan Branch on June 10, 2016; and KRW 4 million for the same crime at the Changwon District Court on June 20, 2016.
On June 29, 2016, at around 22:05, the Defendant driven BM5 car under the influence of alcohol content of about 0.064% without obtaining a vehicle license from the section of approximately 8km to the front road of the “National 3.15 Democratic Cemetery” located in the Seocho-gu, Seocho-gu, Seocho-gu, Seoul Special Metropolitan City to the 3.15km-ro75 of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the status of drinking driving, report on the state of standing of drinking drivers, and register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the same kind of drinking and report attached to judgment) and statutes;
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of alternative imprisonment with prison labor (in consideration of repeated crimes of the same kind within the prescribed period);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;