도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
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 September 5, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on July 21, 2017.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (driving) as above, on July 23, 2018, at around 01:45, the Defendant driven B Poter vehicle in the section of about 10km in front of the road in front of the gas station located in the south-gu, Chungcheongnam-dong apartment located in the south-gu, Chungcheongnam-dong, Chungcheongnam-dong, Seoul at the port as he was under the influence of 0.122% of alcohol during blood without obtaining a driver’s license on July 23, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).
1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a sentence of alternative imprisonment ( even though there was a history of punishment of each fine due to drinking driving in 2016 and 2017, it again led to the instant crime, and considering the fact that the numerical value of alcohol level among the blood transfusion of this case is relatively high, etc.);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the same Act, including the fact that there is no record of crime exceeding a fine, the fact that the person is old, the fact that the person is old, or
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;