도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
On May 8, 2017, the Defendant received a summary order of KRW 1,00,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on June 26, 2018, a summary order of KRW 4 million was issued by the Seoul Central District Court to a fine for a violation of the Road Traffic Act.
Criminal facts
While the Defendant violated the provision on the prohibition of driving under the influence of alcohol twice or more as stated in the above criminal records, on March 22, 2019, at approximately 800 meters from Gangnam-gu Seoul through Seongdong-gu Seoul to the roads in front of Seongdong-gu Seoul, the Defendant driven D UA5 vehicle under the influence of alcohol concentration of 0.112% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, the inquiry report on the results of the crackdown on drinking driving, and the record of measurements;
1. Registers of driver's licenses;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, driven a vehicle with no license under the influence of alcohol again within a relatively short period after criminal punishment was imposed, although he/she had been subject to two times a fine (two times a fine) due to drunk driving and one time a licenseless driving (one time a fine) due to the foregoing criminal punishment. The liability for the crime is not easy.
However, while the defendant recognizes the crime of this case and reflects the wrongness, the defendant is now going against.