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 July 19, 2006, the Defendant was sentenced to a fine of 500,000 won for the crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch on July 19, 2006, and issued a summary order of 3.5 million won for the same crime in the same court on February 8, 201.
On September 12, 2015, at around 00:25, the Defendant driven a FMW car without a driver’s license, while under the influence of alcohol concentration of about 0.178%, from around 500 meters to around the E apartment road in the front of the mutually influence D, Jinju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drinking drivers, report on the circumstances of drinking drivers, register of driver's licenses, and results of the regulation of drinking driving;
1. Previouss before and after judgments: Criminal records, repeated statements, judgments, and application of Acts and subordinate statutes governing copies of summary orders;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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. In light of the following: (a) the Defendant committed the instant crime even though he/she had the history of sentencing of Article 62-2 of the Criminal Act withhhh or having been punished for the same kind of crime; (b) the Defendant committed the instant crime on April 21, 2015; (c) the Defendant’s blood alcohol concentration level is significant; (d) the Defendant’s blood alcohol content level is considerable; and (e) the Defendant caused a traffic accident shocking the vehicle parked during driving without a license for drinking or without a license; and (e) the Defendant’s liability for the instant crime is not easy.
However, the fact that the defendant reflects his criminal act, the distance of the defendant's driving is relatively short, and the defendant has no penalty power other than the fine, etc. shall be considered as favorable circumstances to the defendant, and the case shall be considered as the age, character and conduct of the defendant.