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
[criminal history] On June 16, 2016, the Defendant was issued a summary order of KRW 4 million by a district court of the Jung-gu with a fine of KRW 4 million due to a crime of violating road traffic laws (drinking), and on July 26, 2012, the same court issued a summary order of KRW 4 million due to a crime of violating road traffic laws (drinking).
[2] On February 3, 2018, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of 0.133% while under the influence of alcohol, without obtaining a driver’s license in the section of approximately 2 km from the Gangnam Ssch Rexroth road located in the Republic of Korea in the Eup/Myeon due to the same time, to the front of the Eup/Myeon due to the same time, and without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, led to nine times before and after the road traffic law, including five times before drinking drivers, one time before driving without a license, and one time before driving
However, it is against the recognition of the crime of this case, the fact that there are several criminal records of the same kind, one or more criminal records of the suspension of execution, and other punishment shall be determined in consideration of the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc.