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 August 20, 2009, the Defendant issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 20, 2009; on March 19, 2010, a fine of 2.5 million won by a fine at the Daejeon District Court on March 19, 201, respectively; and on August 8, 2018, the Defendant was sentenced to a fine of 6 million won by the Jeju District Court on August 8, 2018.
On January 9, 2019, around 23:48, the Defendant driven a F B-be-cricked vehicle under the influence of alcohol concentration of about 400 meters without obtaining a driving license for a vehicle driving license for a section of approximately 400 meters in front of the E-Korean pharmacy located in C-bank B at Jeju.
Accordingly, the defendant, who violated the Road Traffic Act without obtaining a driver's license at least twice, was driving a motor vehicle under the influence of alcohol again.
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. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (verification of records of the same kind of sound driving);
1. Article 148-2 (1) 1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime
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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the recidivism was made within the short period of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the blood alcohol concentration was not high; (c) the Defendant was not punished for a crime exceeding the fine for the same kind of crime; (d) the Defendant’s age, character and conduct, family relationship, environment, background and result of the crime; and (e) the circumstances shown in the arguments of this case, including the circumstances after the crime