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 March 31, 2011, the Defendant issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act (driving), etc. at the Jung-gu District Court on March 31, 201, and on August 21, 2016, issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the support of the Daegu District Court on August 21, 201.
Nevertheless, on September 3, 2017, around 06:45, the Defendant driven a motor vehicle of balpurged B while under the influence of alcohol concentration of 0.098% in blood without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the result of regulating driving of drinking alcohol;
1. Entry into the ledger of driver's licenses;
1. Application of Acts and subordinate statutes entered in the investigation report (Attachment of the previous summary order);
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. Consideration of the reasoning for sentencing under Article 62-2 of the Criminal Act, the discovery of the instant blood alcohol concentration, and the establishment of a vehicle among the roads, and the fact that the same passenger was inflicted 12 weeks on the same passenger at the time of driving under the punishment of 2011, which led to the punishment for the third drinking driving at the same time even when he/she inflicted 12 weeks on the same passenger at the time.