도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
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 September 21, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the Changwon District Court Msan Branch on May 11, 2017 to a fine of KRW 1 million for the same crime.
On April 20, 2019, at around 14:30, the Defendant driven a coo vehicle without a driver’s license, while under the influence of alcohol of approximately 500 meters from the Do in front of the C cafeteria in Changwon-si, Changwon-si B to the front road of the D apartment E convenience store.
As a result, the Defendant, who has violated two or more regulations prohibiting drunk driving, once again driven a motor vehicle while under the influence of alcohol, and simultaneously driven a motor vehicle without a driver's license.
Around 13:40 on May 23, 2019, the Defendant driven an I Truck without obtaining a driver’s license in a section of about 5 km from the front of the Defendant’s residence in Yongsan-gu, Changwon-si G to the front of the same Gu H village through the same Gu from the front of the Defendant’s residence in Changwon-si, Changwon-si to the front of the entrance of the Republic of Korea, at approximately 5km from the front of the same Gu.
Summary of Evidence
"2019 Highest 394"
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Registers of driver's licenses;
1. For previous records of judgment: Criminal history records, investigation reports (criminal records of the same kind of crime as a suspect), three copies of summary orders "2019 Highest 657";
1. Defendant's legal statement;
1. The register of driver's licenses - the application of revocation statutes;
1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)
1. Articles 40 and 50 [Violation of the Road Traffic Act and Violation of the Road Traffic Act of 2019 Highest 394] of the Commercial Concurrent Crimes Act (mutual crimes of driving without a license and punishment between them) are set forth more severe.