도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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 5, 2016, the Defendant received a summary order of a fine of KRW 4 million from the Chungcheong District Court's Chungcheong Branch on January 5, 2016, and a summary order of KRW 1.5 million from the same court on March 5, 2013.
Around 20:00 on March 20, 2019, the Defendant driven a motor vehicle of approximately 2km from the front road of the Chungcheongbuk-si, B to the front road of the Chungcheongbuk-si, without obtaining a driver’s license. On March 20, 2019, the Defendant driven the motor vehicle of approximately 10 meters, while under the influence of alcohol concentration of about 0.133% without obtaining a driver’s license, from the front road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheong-si, Chungcheongnam-si, and around 23:05, from March 20, 2019 to the front road of the Chungcheongbuk-si, the Defendant driven the motor vehicle of approximately 10 meters, while under the influence of alcohol concentration of 0.133% without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An accident site photograph;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Criminal records: Criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), each summary order, and application of statutes of the judgment;
1. Article 148-2 (1) 1 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 concerning the crime;
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, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) the repetition of a crime of drunk driving at intervals of 2-3 years; (b) the occurrence of an accident; (c) the blood alcohol concentration; (d) the history of a crime; (c) the circumstances after a crime; and