도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for two years.
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
On June 14, 2018, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act, in the same court on February 12, 2019.
Criminal facts
On September 1, 2019, the Defendant driven an E G70 vehicle under the influence of alcohol content of about 0.152% from the section of approximately 1km from the front of the “C” road located in Seoan-gu, Seoan-gu, Seocheon-gu, Seoul to the front of the same Gu D apartment, without obtaining a driver’s license on September 1, 2019.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and ledger of the use of a drinking measuring instrument;
1. Registers of driver's licenses (No. 15 No. evidence lists);
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the records of punishment for running a motor vehicle), and copies of summary orders;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the 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, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the defendant's mistake and reflects the defendant's reason for sentencing, and the defendant again commits the crime of drunk driving in this case by unauthorized license despite the fact that he had been punished twice for the same kind of crime. The blood alcohol concentration and driving distance of this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions stated in the arguments of this case shall be determined as ordered by the order.