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
The Defendant, at the Suwon District Court on February 13, 2009, has been sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million for the same crime in the same court on February 7, 2018 and a fine of KRW 5 million for the same crime on July 27, 2018.
On April 4, 2019, at around 08:25, the Defendant, while under the influence of alcohol of 0.077% without a vehicle driver’s license, driven a Bone Star Cargo Vehicle from approximately 100 meters away from the front of the monthly harassment station to the front of the same thalend police box, at the same time.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, operated a motor vehicle under the influence of alcohol in violation of the above provision, and operated the motor vehicle without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Inquiry the results of the drinking driving control;
1. The driver's license ledger;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order of the same type of case);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant, who was punished for drunk driving around December 2017, repeats drinking and non-driving licenses for a short period of time, and that he/she drinking in violation of special matters to be observed during the period of suspension of execution where probation is added.
However, the defendant's recognition of crime and reflects, and the blood alcohol concentration at the time of drinking is not high.