도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six 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 November 22, 2017, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the District Court of the Republic of Korea.
On August 5, 2019, at around 13:12, the Defendant driven a e-car while under the influence of alcohol leveling 0.140% without a vehicle driver’s license, from the front of the C cafeteria located in Jung-gun B to the front of the D. Yong-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous conviction in judgment: The application of an inquiry letter and a copy of the relevant summary order to 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. Probation and community service order under Article 62-2 of the Criminal Act: The defendant's criminal records [the existence of the same kind of force, the specific contents and frequency thereof (the occurrence of traffic accidents, etc.) and the interval between the same kind of force immediately before]; the nature of the crime of this case; the degree of the defendant's blood alcohol concentration at the time of driving of this case; the reason why the crime of this case was committed (the occurrence of accidents, etc. entered into the ditch); the circumstances after the crime; the defendant's reflectivity; and various sentencing conditions specified in the records and arguments, such as family relations, shall be determined as the order.
It is so decided as per Disposition for the above reasons.