도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and four months.
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
[Criminal Power] On November 30, 2018, the Defendant was issued a summary order of KRW 7 million by the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving).
【Criminal Facts】
1. Around 03:10 on August 17, 2020, the Defendant driven CK5 cars under the influence of alcohol without obtaining a driver’s license for about 7km from the front side of the main road in which the trade name in the Daegu Northern-dong is unknown, to the public parking lot located in Dong-gu B, and without obtaining a driving license for about 0.188% of blood alcohol concentration, from the front side of the main road in which it is impossible to identify the trade name in the east-gu, Daegu North-dong.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car as set forth in paragraph (1).
No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the Defendant operated a passenger car specified in Paragraph 1, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, license made once as a result of the crackdown on drinking driving, making an inquiry into the enemy, and mandatory insurance;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Selection of a sentence under Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for the crimes of violation of the Road Traffic Act with heavier punishment shall be imposed) of the ordinary concurrent crimes, and selection of a sentence of imprisonment with prison labor;
1. Aggravation for concurrent crimes;