도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 1, 2007, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 1, 2007, and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the same court on June 1, 2010, and was sentenced to a summary order of KRW 2 million on August 7, 2014 by this court on August 7, 2014.
On July 25, 2016, at around 22:30, the Defendant driven a car under C’s influence with approximately 700 meters alcohol concentration of 0.109% without a car driver’s license from the front day of the “new seeds” road in the Guro-si, Sinsidong to the front day of the Daegu Bank located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Registers of driver's licenses and details of cancellation thereof;
1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).
1. Selection of imprisonment with prison labor chosen;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, even after being sentenced to a suspended sentence of imprisonment due to drunk driving, was sentenced to a suspended sentence of imprisonment, and the person was also under a condition without a license during the suspended sentence.
The blood alcohol concentration was high every time and was considerably taken at the time of the instant case.
Considering only the above circumstances, the sentence of imprisonment should be imposed on the defendant, but at the time of the crime of this case, the above grace period was almost terminated.