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 became final and conclusive.
Punishment of the crime
On November 23, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on November 23, 2009, and on January 7, 2019, the Defendant was punished by a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on more than two occasions, such as receiving a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.
1. On April 17, 2019, the Defendant driven a e S400 L car under the influence of alcohol with a blood alcohol concentration of 0.127% from a section of approximately 200 meters from the road near the C Station located in the Namyang-si, Namyang-si to the front road in the Namyang-si.
2. The Defendant violated the Road Traffic Act (free license) driving of the said vehicle without obtaining a driver’s license at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for drunk driving even before the sentence is rendered.
Nevertheless, the crime of this case was committed under the influence of 0.127% of the blood alcohol concentration in the second blood.
However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.