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
[criminal power] On June 20, 2019, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on November 7, 2019, in violation of Article 44(1) of the Road Traffic Act.
【Criminal Facts】
On October 16, 2019, at around 23:21, the Defendant driven a Fran vehicle without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.090%, from approximately 100 meters to the front of E, located in Ulsan-gu B.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and the driver's license ledger (A);
1. Application of Acts and subordinate statutes of one copy of a summary order, such as a criminal history report, investigation report (verification of the same type of force), report on the failure to impose the disposition and the results of confirmation;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.
The defendant committed a crime of drunk driving on June 20, 201, which was committed on or around June 2019, but was under the influence of drinking and driving without a license for only 4 months. The defendant's previous criminal experience, the details of the crime, and other factors, together with the social harm and danger of drinking driving.