도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 25, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on May 25, 2009. On July 22, 2011, the same court was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act. On August 22, 201, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.
On May 3, 2014, around 00:24, the Defendant driven a C-wing truck under the influence of alcohol of about 0.194% of alcohol content without obtaining a driver’s license from around 3km section from the front side of the “Gyeongbain” road located in the Yyoung-dong in the Yyoung-dong, Simsan-si to the front side of the “gold management building material” located in the same Sim-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual status of the drinking driver, and the report on the actual status of the drinking driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, investigation reports, application of a copy of judgment, and other statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Probation, the grounds for sentencing under Article 62-2(1) and (2) of the Social Service Order Act include: (a) the defendant's timing of and reflects on the crime; (b) the defendant's operation of compliance is being carried out; and (c) the defendant seems to have been well aware of his/her daily life; and (d) the conditions for sentencing favorable to the defendant; (b) the defendant committed the instant crime during the period during which the defendant was under suspension of the execution of the same kind of crime; and (c) the defendant seems to have been aware of recidivism; and (d) other conditions for sentencing unfavorable to the defendant, such as the defendant's age, character and behavior