도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and six months.
except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
[Criminal Power] On June 8, 2018, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.
【Criminal Facts】
On December 9, 2019, at around 14:30, the Defendant driven a e-car under the influence of alcohol level of 0.165%, without a vehicle driver’s license, from the front of the C St Stacke-gun, to the front of the C Stacke-gun D, the Defendant driven a e-car under the influence of alcohol level of 0.165%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, investigation reports (attached to the previous and summary order), and application of Acts and subordinate statutes of the summary order;
1. Relevant Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of a sentence of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records (at the same time, however, there is no history of criminal punishment exceeding the fine), the degree of blood alcohol (the degree of blood alcohol was relatively high), the driving distance, and the circumstances after the crime, etc., at the time of driving, shall be determined as per the disposition, comprehensively taking into account all the factors of sentencing during the trial process of the instant case, including the following: