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 November 28, 2007, the Defendant was issued a summary order of one million won for the crime of violation of the Road Traffic Act at the Suwon District Court's Eunpyeong Housing Site Board, and on April 4, 2012, the Defendant is a person who was sentenced to a suspended sentence of two years for the same crime in the same court on April 4, 2012.
【Criminal Facts】
1. On March 22, 2016, the Defendant driven a B-car under the influence of alcohol level of 0.058% from the front side of convenience stores in the stabilization of Pyeongtaek-si without obtaining a driver’s license on March 14:38, 2016 to the front side of 90-20 U.N.-N. 5km.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated the Bsch Rexton car which was not covered by mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement of the defendant;
1. Notification of the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;
1. Inquiry reports on criminal records, etc., and application of court rulings or statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Probation and the suspension of the execution of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Social Service Order Act, including three times of criminal records of the same kind, and the fact that drinking water is not high; and