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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 20, 2019, the Defendant was issued a summary order of KRW 7 million to the Daegu District Court as a crime of violation of the Road Traffic Act.
Criminal facts
On June 17, 2020, at around 02:13, the Defendant driven Bone Star Motor Vehicle while under the influence of alcohol with approximately 0.148% alcohol concentration, without obtaining a driver's license, at a distance of about 100 meters prior to the front of the viewing and listening line located in the same Gu, in the vicinity of the Dongbane-dong located in Daegu-si, Daegu-si.
As a result, the defendant, even though he had been punished for a drunk driving, was driving at the same time while driving without a license.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records as indicated in the judgment; the circumstantial statement of a drinking driver, the inquiry into the results of crackdown on drunk driving, the ledger of driver's licenses, and the comparison of the vehicle: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of summary orders of the same kind); and
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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
In 2019, even though he was punished for drinking driving, he again committed the crime of this case again (the same vehicle as the vehicle driven at the time of the crime) and driving without the license.