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 October 24, 2017, the Defendant received a summary order of KRW 1 million from the Suwon District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 3 million from the same court on November 28, 2018 as the same crime.
On June 23, 2019, around 22:51, the Defendant driven a DNA car with a blood alcohol concentration of about 50 meters from the front of Seo-gu Incheon to the front of the same Gu C, without a car driver's license, while under the influence of alcohol of about 0.109%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;
1. Results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, investigation report, and the register of driver's licenses;
1. Previous records of judgment: Application of an inquiry inquiry report, such as criminal records, and Acts and subordinate statutes to report an investigation (report on the confirmation of the same kind of power);
1. 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 concerning 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend the course of sentencing under Article 62-2 of the Criminal Act, even though there were the records of punishment for drunk alcohol concentration, the distance and time of drunk driving, and drinking driving, resulting in considerable danger to the safety of the general public by again driving in the state of drinking without a license. After the last record, time interval between the crime of this case and the crime of this case, recognition of the crime of this case and the misunderstanding of mistake are divided, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, shall be determined as ordered by the order.