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
[Criminal Power] On January 12, 2018, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court.
【Criminal Facts】
On July 24, 2019, the Defendant, as stated in the criminal records, driven a DM 3 car in the direction of about 5km from the Do in the West-gu, Seoan-gu, Seoan-gu, Seoan-gu, B to the shooting distance of apartment apartment apartment in Trandong-dong, Seoan-gu, Seoan-gu, Seoan-gu, B without obtaining a driver's license on July 24, 2019, while under the influence of 0.130% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Scenic photographs;
1. Notification of the results of the regulation of drinking driving, report on the situation of a drinking driver, the ledger of use of a drinking measuring instrument, and notification of the completion of correction;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same summary order);
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. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against each other, and the defendant committed each of the crimes of this case even though he was punished by a fine due to the crime of violation of the Road Traffic Act in 2018. 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 specified in the arguments of this case shall be determined as ordered in consideration of all the following factors.