도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and two 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
[criminal power] On December 28, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 28, 2015, and the same court on July 13, 2018 issued a summary order of KRW 5 million for the same crime.
【Criminal Facts】
At around 21:40 on June 28, 2020, the Defendant driven a Bskn vehicle under the influence of alcohol content of about 13 km from the near the Seoyang-si, Namyang-si to the shill-ro 258-5 Skn-si, Namyang-si, and without obtaining a driver’s license, while driving the Bskn vehicle under the influence of alcohol content of about 0.257% without obtaining a driver’s license.
As a result, the defendant was driving without obtaining a driver's license and at the same time violated the prohibition of drinking under the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of a drinking driver, etc., inquiry into the results of the drinking driving control, 112 report handling records, and control photographs;
1. Criminal history records, etc. of driver's license registers, report on the results of confirmation on the disposal progress, and application of Acts and subordinate statutes of each summary order;
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 (the punishment imposed on a violation of the Road Traffic Act with 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for each of the offenses of violation of the Road Traffic Act (driving without a license) around 2015, around 2018, and around 2016.
The interval between the last punishment force and the instant case shall not be three years.
At the time of committing the instant crime, the Defendant was not only a state of license.