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
In the facts charged, although the defendant has been sentenced to a summary order that imposes a fine on the defendant for a crime of violating the Road Traffic Act several times, Article 148-2 (1) 1 of the Road Traffic Act punishs a person who has violated the provisions of Article 44 (1) of the same Act not less than twice (the person who drives a motor vehicle under the influence of alcohol not less than twice) and drives a motor vehicle under the influence of alcohol. Thus, it is clear that recognizing the same facts of crime by specifying the date and time of driving a motor vehicle under the influence of alcohol not less than twice in the past, and even if recognizing such facts of crime, it is determined that it does not give a substantial disadvantage to the defendant's exercise of his right to defense. Thus, the facts charged as
On May 4, 2011, April 12, 2013, and September 17, 2013, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On May 21, 2014, the Defendant driven a motor vehicle C-car with a volume of approximately 300 meters from the front day of the 296 Jeju apartment at Sipopo-si to the front day of the new exchange distance at Sipo-dong, Sipo-dong, Sipo-si without a driver’s license, while under the influence of alcohol at least 02:54% of the blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The driver's license ledger;
1. Application of one written judgment and three copies of summary order Acts and subordinate statutes; and
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), and subparagraphs 1, and 43 of Article 152 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor as a matter of choice (the fact that a person has driven three times or more for a year and has been sentenced to a fine for driving under the influence of alcohol during the period of 2011, and that the person has a high degree of blood alcohol level, etc.);
1. Article 62 of the Criminal Act: