도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 7, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving) in the main branch of the Chuncheon District Court on February 7, 2007. On November 12, 2009, the Defendant was sentenced to a fine of two million won for the same crime, etc. on November 12, 2009. On February 21, 2013, the Defendant was sentenced to a fine of three million won for the same crime.
Criminal facts
On April 4, 2015, at around 08:22, the Defendant driven a c5 tons truck truck vehicle under the influence of alcohol to the extent of 0.203% of the blood alcohol concentration without a driver’s license in the section of approximately 5 km from the vicinity of the 1st set box in Ansan-si, Ansan-si to the extent of 0.203% of the same Gu.
Accordingly, the Defendant, while driving a motor vehicle without a driver’s license, was in violation of the provision on prohibition of driving under the influence of alcohol more than twice, and was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (report accompanied by a copy of the judgment and summary order), judgment, and application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include many persons who have been punished for the same kind of crime, the punishment shall be determined as ordered in consideration of all the circumstances such as the occupation and family relationship of the accused;