도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 12, 2005, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving), a fine of one million won for the same crime in the same court on May 21, 2008, and a fine of one million won for the same crime in the same court on June 16, 2014 by the same court on June 16, 2014.
[2] On September 13, 2020, the Defendant driven a D's automobile without a driver's license under the influence of alcohol concentration of about 0.146% from the 3km section from the roads in front of the Busan Geum-gu B market to the roads in front of the Busan Shipping Daegu C market.
As a result, the Defendant violated the prohibition on drinking at least twice, and simultaneously driven a motor vehicle without a driver's license.
Summary of Evidence
1. The defendant's legal statement and notification of the result of regulating driving of alcohol, the statement report on the situation of the driver's driver and the driver's license register;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);
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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the defendant's ability to be punished for drinking alcohol driving. The traffic accident was committed while driving the pertinent unauthorized license or drinking alcohol, and the drinking alcohol level is also reasonable.
The responsibility of the defendant is heavy.
However, the fact that the defendant recognizes the crime and reflects the defendant, there is no record of punishment since 2014, and supports the child suffering from the public disorder.