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 August 14, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on August 14, 2009, and on October 27, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on October 27, 201 and had the same power two times or more.
On May 3, 2019, the Defendant driven a DNA 2 truck at a section of about 1.5 km from the Hancheon-gun B to the front of the Hongcheon-gun Hongcheon-gun, Gangwon-do, under the influence of alcohol by 0.206% without obtaining a driver’s license on May 3, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes to such reports on the circumstances of driving under the driving under the influence of a driver, reports on the circumstantial statements of a driver under the driving under the influence of a driver, references to vehicle, registers of driver's licenses
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the Defendant, while having been punished several times for the same crime, was running under the influence of drinking without a license, and that the blood alcohol concentration level is relatively high, etc. are disadvantageous to the Defendant.
However, since 2011, the defendant had no record of drinking driving, and there was no additional damage, etc. are favorable conditions to the defendant.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.