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 December 14, 2009, the Defendant received a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on December 14, 2009. On March 11, 2016, the Defendant was sentenced to a fine of KRW 1 million for the same crime at the same court on March 11, 2016. On June 12, 2017, the Defendant received a summary order of KRW 3 million for the same crime from the same court on at least two occasions.
Nevertheless, at around 20:25 on April 29, 2017, the Defendant driven B Ethp car under the influence of alcohol level of 0.104% while under the influence of alcohol level of 0.104%, without obtaining a driver’s license from the front side of the bus stop in Seongbuk-gu, Seog-si, Busan Metropolitan City to the front side of the same Eup/Myeon, from around 700 meters away from the front side of the bus stop in the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;
1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that it is against the law, the fact that there is no record of punishment exceeding the fine, and the fact that it does not cause personal or material damage);
1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;