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 April 3, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 26, 2009, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the said court on January 21, 2010, respectively.
【Criminal Facts】
On March 24, 2014, at around 17:50, the Defendant driven a private wheeledow under the influence of alcohol content of 0.183% without obtaining a motorcycle driver’s license in a section of about 500 meters from the 17:50 meters to the front of the landing bridge at the entrance of the modern home-based shop in Seosan-si, Seosan-si.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Photographss related to traffic accidents;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (reports accompanied by separate summary orders) and Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of a punishment;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. In light of the fact that the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, once again conducted a drinking without a license even though the license was revoked due to a drinking operation, the blood alcohol concentration level was high, and thus, the Defendant had a large number of alcohol driving records, and the Defendant had a high blood alcohol concentration level for each previous criminal record, the crime’s quality is not exceptionally applied.
(b).