도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two 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 November 27, 2015, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on November 27, 2015, and on December 28, 2018, the same court issued a summary order of KRW 6 million for the crime of violating the Road Traffic Act.
On April 16, 2020, at around 01:30, the Defendant driven a Fpoter II cargo vehicle under the influence of alcohol concentration of about 0.184% without obtaining a driver’s license from the front of the C cafeteria located in Sinjin-si B to the Eriju’s front road located in the same city D.
As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes attached to criminal records, inquiry reports, judgment, etc.;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
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. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under