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
[Criminal Power] On October 22, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on October 22, 2009, and was sentenced to a fine of one million won by the same court on February 18, 2010.
【Criminal Facts】
On July 17, 2014, at around 21:12, the Defendant driven a car in B, the blood alcohol concentration of which is 0.099% under the influence of alcohol without obtaining a driver's license from the resettlement complex located in Song-gu, Song-gu, Song-gu to the entrance of the same Rio village, from around 150 meters.
Accordingly, the defendant, who has violated the prohibition of drunk driving not less than twice, was driving again, while driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation into the results of the drinking driving control, notification of the results of the drinking driving control, and application of statutes to the ledger of driver's licenses;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the Defendant had been punished four times from 2009 to 201, but was under the influence of alcohol without obtaining a driver’s license, and the overall sentencing conditions indicated in the records and arguments of this case shall be determined by comprehensively taking into account the following factors: