도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Punishment of the crime
【Criminal Records of Crimes】 On April 1, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic laws (drinking) at the Cheongju District Court on April 1, 2009; on May 29, 2013, the same court issued a summary order of KRW 2 million to a fine for the same crime; and on September 25, 2013, the Defendant was sentenced to imprisonment for 10 months with labor for the same crime and two years of suspended sentence.
【Criminal facts constituting the Defendant without obtaining a driver’s license on December 12, 2016, the Defendant driven B-wing freight vehicles from the section of approximately 20 meters from the 372--ro, Cheongju-si, Cheongju-si, 372-1, from the upper end of this Section to the upper end of this Section, while under the influence of alcohol content 0.092% (%) during blood alcohol while under the influence of alcohol.
Summary of Evidence
The defendant's legal notice of the result of the crackdown on driving under the influence of alcohol, and the application of the statute
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order, Article 44-2 of the Medical Care, Care, etc. Act are as follows: (a) the Defendant was punished on several occasions due to drinking; (b) the Defendant was punished for a suspended sentence; and (c) the Defendant caused multiple vehicles without a license under the influence of drinking even if he was aware of the suspended sentence; and (d) the Defendant was under the influence
However, the execution of imprisonment is suspended in consideration of the defendant's age, sex, environment, etc., which reflects the defendant's wrong, seems to require hospital treatment due to the symptoms of alcohol, and the defendant's age, sex, environment, etc., but the defendant's supervision and treatment order are also issued to refrain from drinking and to prevent recidivism.