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 April 18, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Daejeon District Court on April 18, 2013, and on July 15, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime, etc. at the same court.
On May 15, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act on more than two occasions, driven a motor vehicle with alcohol content of 0.136% in blood while under the influence of alcohol at around 03:57 on May 15, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and photographs;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. References to inquiries, such as criminal history, and application of summary order 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It has a record of being sentenced to a fine twice due to a violation of the Road Traffic Act for the reason of sentencing under Article 62-2 of the Criminal Act, such as community service and order to attend lectures, and there is a record of being sentenced to a fine once due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a flight vehicle), and the fact of causing a traffic accident while driving a vehicle while under the influence of alcohol.
In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.