도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 23, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and on July 13, 2012, issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Dong branch branch of the Busan District Court, and on January 17, 2013, issued a summary order of KRW 5 million as a penalty of violating the Road Traffic Act (drinking driving) at the Dong branch of the Busan District Court.
The Defendant violated the foregoing provision on the prohibition of drinking alcohol driving more than twice, but again, while under the influence of alcohol 0.15% during blood transfusion, the Defendant driven a balbbb in the direction of approximately 1k meters in the direction of the apartment in Busan Shipping Daegu Gyeong-dong on October 12, 2015 without a driver’s license. < Amended by Presidential Decree No. 26790, Oct. 12, 2015>
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Taking into account the following circumstances with the reasons for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, and community service and other circumstances for a certain period.