도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 4, 2017, the Defendant issued a summary order of KRW 5 million at the Seoul Southern District Court for a fine of KRW 5 million for a violation of the Road Traffic Act, and on September 3, 2015, the Seoul Central District Court issued a summary order of KRW 6 million for a violation of the Road Traffic Act.
1. Around October 20, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driven a Radon car from a section of about 15 kilometers from the front of the Seo-gu Incheon apartment to the front of the Seocho-gu Seoul Metropolitan City C hotel without a car driver’s license.
2. On October 9, 2019, the Defendant: (a) while under the influence of alcohol with blood alcohol content of 0.096% without a driver’s license on October 9, 2019, the Defendant driven a Radon car from a section of approximately 200 meters from the front of the hotel in the city of Busan to the front of the road in the same city.
As a result, the defendant driving a motor vehicle without a driver's license, and at the same time, violated the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports, and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service seems to have been driven by the Defendant without obtaining a license, and the driving under the influence of alcohol was made, the blood alcohol concentration is 0.096%, and the punishment was imposed twice due to drinking driving.