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 February 21, 2013, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act from the Cheongju District Court Support on February 21, 2013, and a person with the record of receiving a summary order of KRW 3.5 million as a fine in the same court on July 7, 2015.
Nevertheless, at around 07:30 on Jan. 11, 2020, the Defendant driven a motor vehicle in the E-Pitter under the influence of alcohol concentration of about 0.075% without obtaining a driving license from around 100 meters in the front of the C cafeteria located in Ulsan Northern-gu B to the Ditter road.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, etc. and the application of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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 order of education and the order of community service order under Article 62-2 of the Criminal Act shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, family environment, occupation, means and result of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the records and arguments of this case.
On February 21, 2013, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court Support on February 21, 2013, and the same court on July 7, 2015.