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
【Criminal Records of Crimes】 On October 16, 2014, the Defendant issued a summary order of KRW 4 million at the Daejeon District Court to a fine of KRW 4 million for a crime of violating Road Traffic Act, and a fine of KRW 4 million for a crime of violating Road Traffic Act at the Chungcheong District Court on April 26, 2018.
【Criminal facts” around June 16, 2018, the Defendant driven a coo motor vehicle in the B without a driver’s license with approximately approximately 150 meters of alcohol content 0.098% while under the influence of alcohol content in the blood without a driver’s license, from the mutual influent drinking house in the Heung-gu Soakdong-gu, Chungcheongnam-gu to the same Gujin-ro 16, and from the front road in front of the Doung-gu.
As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, and driving a motor vehicle under the influence of alcohol without a license for driving a motor vehicle in violation of the same provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking;
1. A driver's license inquiry;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation), and application of each summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same criminal records are two times, and two months have not yet elapsed since the person was sentenced to a fine due to a violation of the Traffic Act on April 2018 among them, and thus, the circumstances that are favorable to the poor quality of the crime due to driving without a license for drinking: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are considered to be considered as a whole and after the crime.