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
[Criminal Power] On July 30, 2010, the Defendant was notified of a summary order of a fine of five million won by committing a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board.
【Criminal Facts】
At around 16:20 on October 15, 2019, the Defendant driven the 50 otobane without obtaining a license for a motorcycle while under the influence of alcohol concentration of 0.268% on the front of the Geong-si B before the Geong-si, despite the power of being punished for a violation of the Road Traffic Act (driving).
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control, driver's license register, and mandatory insurance;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same kind of power of a suspect);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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 on the grounds of probation and order to attend probation shall be determined as the sentence, taking full account of the contents of the crime, such as drinking water in this case, the criminal records of the defendant, the age, character and conduct of the defendant, and other various sentencing conditions under Article 51 of the Criminal Act that