도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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 January 23, 2007, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, on September 10, 2007, a summary order of KRW 2.5 million as a fine for the same crime in the same court on September 10, 2007, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (unlicensed Driving) in the same court on February 12, 2008, and on October 17, 2014, a summary order of KRW 3 million as a penalty for a violation of the Road Traffic Act (Driving Driving) was issued in the Gyeyang District Court's Ansan Branch Branch on October 17, 2014.
On March 31, 2020, at around 20:18, the Defendant, without obtaining a driver’s license, driven a CHabby car in the section of about 8km from the front of the member B apartment in Ansan-si to the front road of the 260-2 wood audit distance in Siri-si, Ansan-si, Ansan-si, the Defendant was under the influence of alcohol of 0.18%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice, and operated a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of drivers, the ledger of driver's licenses for automobiles and the next return to the vehicle;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.