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
On February 14, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years suspended execution for the crimes of violation of the Road Traffic Act at the Daegu District Court's Daegu District Court on July 18, 2013, because it is obvious that the Defendant is a clerical error in the indictment on February 24, 2013. The Defendant was sentenced to imprisonment with prison labor for 8 months, suspended execution for 2 years, and suspended execution for 2 years.
Criminal facts
On September 12, 2015, at around 20:42, the Defendant driven a motorcycle at approximately 500 meters section, which was under the influence of alcohol level 0.090%, without obtaining a motorcycle driver’s license, from around the commercial and French restaurant located in male Dong to the public parking lot in the central market.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. The fact that a defendant has a criminal record for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and other circumstances such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are committed.