도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 26, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 8, 2018, including the issuance of a summary order of KRW 7 million for the same crime from the Friwon Friwon, on March 8, 2018.
[2] On August 30, 2018, around 03:39, the Defendant was under the influence of alcohol level of about 0.18% from the 3km section of approximately 3km from the roads near Taesung Women’s University located in Dobong-gu Seoul Metropolitan Government 419 to the Samyang-ro 375-1, Gangnam-gu, Seoul Metropolitan Government, and at the same time driving a B rocketing car without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license and report on the circumstances of driving at home;
1. Inquiries about the results of crackdown on drinking driving;
1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;
1. The driver's license ledger;
1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on October 1, 2017, when one year has not passed since he/she was punished by a fine due to the crackdown on drinking driving on October 1, 2017, the instant crime was committed. The Defendant committed the instant crime due to the high level of alcohol concentration among the measured blood transfusion, and thus, is highly likely to recommit a crime due to the high level of alcohol concentration, and concerns over the occurrence of traffic accidents during drinking
The defendant will sell the vehicle, receive medical treatment related to alcohol addiction, and will not further repeat the vehicle.