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
[criminal history] On February 1, 2005, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on January 22, 2009, the same court was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act. On July 7, 201, the same court was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.
[2] On May 11, 2016, the Defendant: (a) driven a Category C truck under the influence of alcohol content of 0.239%, without obtaining a driver’s license from around 15:25 around 15, 2016, to about 1km from the front of the Sinsan-si, Sinsan-si, to the Gucambing distance in the same time.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.
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 and the driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification report on the history of punishment for driving the same kind of drinking);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that even though the defendant had a record of criminal punishment several times including the suspended sentence of imprisonment for the same kind of crime, he/she again commits the instant crime, and the amount of alcohol concentration in the blood of this case reaches 0.239%.