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
【Person who has violated Article 148-2(1)1 of the Road Traffic Act at least twice (the person who drives a motor vehicle, etc. at least twice under the influence of alcohol) and who drives a motor vehicle under the influence of alcohol. As such, it is clear that the Defendant specified the date and time when he/she drives a motor vehicle at least twice in the past while under the influence of alcohol and recognized the same criminal facts, and it is determined that it does not give any substantial disadvantage to the Defendant’s exercise of his/her right to defense even if he/she recognizes the criminal facts, and therefore, it is recognized that the criminal facts are organized as above without any changes in the indictment.
On February 1, 2010, the Defendant driven a motor vehicle under the influence of alcohol on June 28, 2012, and violated Article 44(1) of the Road Traffic Act at least twice, and driven a Cschton motor vehicle under the influence of alcohol at approximately 25 km from the front of a mutually influent restaurant located in Incheon Metropolitan City, Incheon, on February 6, 2015 to his/her temporary roads.
【2015 Height459】 On April 9, 2015, the Defendant, without obtaining a driver’s license on April 17:23, 2015, driven Cschton car from approximately 17km to the front road of the Seocho-gu Seoul Seocho-gu, Seocho-gu, to the 84km-ro, Seocho-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and a driver's license inquiry;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Probation;