도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Punishment of the crime
[criminal power] On March 31, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court on March 31, 2010, and a suspended sentence of 1.5 million won for a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court on January 12, 2012.
【Criminal Facts】
On September 29, 2019, the Defendant, who was punished for drunk driving, was driving a 124ccolcot 125 ATV while under the influence of alcohol without obtaining a motorcycle driver's license from approximately 5 km section from the front of the Defendant's house located in Gangwon-gun, to the front road of the Gangwon-gun, Gangwon-gun, through a breakwater, and without obtaining a motorcycle driver's license from around 19:10 on September 29, 201.
Summary of Evidence
1. A report on the occurrence of a traffic accident in the legal statement of the accused, a survey report on actual condition, a field photograph, the ledger of driver's license, a vehicle-to-be photograph, and a report on investigation (verification of ATV popon displacement);
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The defendant's mistake in sentencing Article 62-2 of the Criminal Act is recognized.
However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.
In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.