도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
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
On January 1, 2019, the Defendant, without obtaining a driver’s license on January 1, 2019, driven a fwing-III truck from approximately 6 km to the front of convenience C store located in Seopopo City B to E in D while under the influence of alcohol by 0.193%.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Entry of the written statement related to traffic accidents prepared G;
1. Report on the occurrence of a traffic accident by police preparation, report on the traffic accident, ledger of driver's license, chassis, notification on the results of the drinking driving control, inquiry into the results of the drinking driving control, statement on the circumstances of drinking drivers, and investigation report; and
1. Application of each video statute to field photographs and CCTV image outputs;
1. The point of driving under the influence of alcohol as stated in the relevant legal provisions on criminal facts: Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of the sentence imposed under the law” 【The sentence imposed for six months or one year from 10 months to 10 months of imprisonment : a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act in 2000; a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act in 2005; a summary order of a fine of 2 million won for a violation of the Road Traffic Act in 2005; a summary order of a fine of 2 million won for the same crime in 2012; and a fine of 5 million won for a violation of the Road Traffic Act in 2017.