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
On July 6, 2011, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court.
On July 3, 2019, the Defendant driven the ECA 110V motorcycle without obtaining a motorcycle driver’s license under the influence of alcohol concentration of about 0.242% from the 1km section to the front road of the D Company located in the same city as D Company B in the same city from the Do in the innju City.
As a result, the Defendant violated the regulations prohibiting driving under the influence of alcohol more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. The criminal place;
1. The circumstantial statement of the employee;
1. Report on the situation of operation without a license;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of summary order;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Crimes prescribed in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( space between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed Operation). Punishment imposed on the former heavier than punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It shall be taken into account that the reason for sentencing under Article 62(1) of the Criminal Act is disadvantageous to drinking alcohol, and that there is no other record of punishment except for punishment imposed once on the same kind of crime around 2011, considering the favorable circumstances.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.