도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
On May 30, 2019, at around 06:07, at a place where it is impossible to identify the detailed address of the rice side area of the Geum-gu Busan Metropolitan City, the Defendant driven the Dpo-ro car, which is owned by the Defendant, without obtaining a driver's license in the state of alcohol alcohol concentration of about 5km from the section of about 0.138% to the front road of the Geum-gu Busan Metropolitan City, the Defendant was under the influence of alcohol level of about 0.138%.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, investigation reports, the register of driver's licenses, and details of revocation of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, etc., references to each disposition, previous rulings, results of confirmation, and application of Acts and subordinate statutes governing each summary order;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts; Article 152 (1) and Article 43 of the former Road Traffic Act (hereafter the same shall apply);
1. The reason for sentencing under Articles 40 and 50 (Selection of Imprisonment) of the Criminal Act lies in the confession of all the crimes and the depth of his/her mistake. However, the defendant was issued a summary order of KRW 1,00,000 as a drunk driving in 2010, and he/she is driving under the influence of alcohol on March 20, 2019.
In spite of the crackdown, it is refused to take a drinking test.
The sentence is imposed as ordered in consideration of the fact that a person was issued a summary order of KRW 5,00,000 on May 30, 2019 without a license, the blood alcohol concentration level at the time of committing the crime, and other factors such as the defendant's age, occupation, etc.