도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
except that 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 January 29, 2019, the Defendant was issued a summary order of a fine of five million won by committing a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board.
【Criminal Facts】
On September 28, 2019, at around 02:25, the Defendant was under the influence of alcohol with 0.173% of blood alcohol concentration, without obtaining a driver’s license, and from the Do located in Gangnam-gu Seoul Metropolitan Government, the Defendant driven B A7 car at the section of about 15 km from the Do located in Seonam-gu Seoul Metropolitan Government to the 411km road located in Geumnam-dong-gu, Seoul Metropolitan City.
Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) or (2) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Inquiry the results of the drinking driving control;
1. Registers of driver's licenses;
1. Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act to suspend the execution of sentence are as follows: (a) the occurrence of a large-scale accident may occur on an expressway, taking into account the following factors: the criminal records; (b) the criminal records; (c) the degree of crime; (d) the level of drinking alcohol; (e) the driving distance; and (e) the driving distance; and (e) the Defendant’s age, occupation, character and conduct, family relationship, living environment;