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 September 10, 2007, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's support on September 10, 2007, and KRW 5 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 13, 2016.
On December 29, 2019, at around 07:20 on December 29, 2019, the Defendant driven a B Car under the influence of alcohol concentration of 0.102% in the section of about 10 kilometers from 10 kilometers from Gwangju to 814 Sori-gu, Dong-dong (School Campaign Direction).
Accordingly, the Defendant, while driving without a driver's license, violated Article 44 (1) of the Road Traffic Act at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime), such as criminal records;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act provides that the defendant, for the reasons of sentencing, has been driven again without a driver's license despite the fact that the defendant had been able to commit the same kind of crime; the blood alcohol concentration at the time of the crime in this case; the circumstances leading to the drunk driving; the distance and place of the drunk driving; and the defendant's mistake are divided; the defendant's age, character and conduct, and circumstances before and after the crime in this case; the punishment shall be determined as ordered by the disposition.