도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On June 5, 2009, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on the same day. On April 30, 2013, the Defendant was issued a summary order of a fine of five million won for the same crime in the same court.
【Criminal Facts】
On August 2, 2018, the Defendant, without obtaining a driver's license on August 19, 2018, driven a D Dok Dok truck at approximately 50M section in the direction of net C village in the direction of net City C, in the case of drinking water with a blood alcohol concentration of 0.203%.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (applicable to suspect's drinking records);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a 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. Probation, taking lectures, or providing community service order, select and punish a person who has been sentenced to imprisonment at once on the grounds of sentencing under Article 62-2 of the Criminal Act, taking into account the Defendant’s records of punishment for driving without a license for drinking alcohol, distance and place of driving without a license for drinking alcohol, the occurrence of traffic accidents, the Defendant’s age, character and conduct, environment, and circumstances after crimes, etc., and such punishment shall be determined as ordered in consideration of the fact that the person has no record of punishment exceeding the fine.