도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 18, 2016, the Defendant received a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (drinking) from the Suwon District Court on the grounds of a violation of the Road Traffic Act.
On August 11, 2020, the Defendant driven DHUB110 bicycle without a motor device bicycle driver’s license while under the influence of about 1k alcohol level from the front of Pyeongtaek-si B to the front of Pyeongtaek-si C.
As a result, the Defendant violated the prohibition of drinking alcohol more than twice and operated a motor bicycle without a motor device bicycle driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and the application of the same criminal record and summary order-related Acts and subordinate statutes;
1. Article 148-2 (1), Article 44 (1) (the fact of violating Article 148-2 (1), Article 44 (1) (the fact of violating Article 24 (2) and Article 154 (2) and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.
Sentencing elements: The fact that the defendant reflects the wrong, the fact that the motor bicycle is scrapped, the fact that the motor bicycle is scrapped, the fact that there is no criminal record exceeding the fine (two times), the fact that the values of drinking are very high, and the driving distance is considerable.