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 August 6, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act at the Incheon District Court on August 6, 2009, and KRW 5 million as a fine in the Jeonju District Court’s Gunsan Branch on March 9, 2016, respectively.
On January 4, 2017, the Defendant driven a motor vehicle with B low alcohol level of about 150 meters from the front of a public parking lot in the front of the public parking lot located in the same Eup/Myeon in the same Eup/Myeon to the front of the Green Livestock, without obtaining a driver's license, while under the influence of alcohol level of about 0.066%.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home and the register of driver's licenses;
1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. favorable circumstances: The reflectivity and drinking volume of which are considerably low;
2. Unfavorable circumstances: Four times the record of punishment for driving under drinking.
3. The above circumstances and the overall sentencing conditions under Article 51 of the Criminal Act are determined as per the disposition, comprehensively taking into account the above circumstances and the overall sentencing conditions.