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 became final and conclusive.
Punishment of the crime
Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time when the motor vehicle was driven not less than twice in the past while under the influence of alcohol does not put any substantial disadvantage to the defendant's exercise of his/her right of defense, and thus, it is recognized that the criminal facts should be organized
On July 24, 2011 and October 15, 2014, the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On March 3, 2015, the Defendant driven a Poter truck under the influence of alcohol concentration of 0.136% in the 1km section without a motor vehicle driver’s license, from March 3, 2015 to the front side of the 149-ro “ smart source room” way from the front side of the 149-gil to the same front side of the 135 “Korea Jin-gu Oil station.”
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and a driver's license inquiry;
1. Previous convictions in judgment: References to criminal records and investigation reports (attached to a summary order of the same kind) shall be applied by statutes;
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 chosen;
1. A suspended sentence under Article 62(1) of the Criminal Act committed a second offense despite the record of punishment four times due to a drunk driving for the reason of sentencing under Article 62(1) of the Criminal Act. Moreover, the crime of this case was committed since six months have not passed since the date of detection of the last drunk driving, and is sentenced to one year of imprisonment with labor with a high blood alcohol level.