도로교통법위반(음주운전)등
A 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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On July 27, 2018, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act, etc. in the Gwangju District Court's support for the Navy of Gwangju District Court.
【Criminal Facts】
1. On January 30, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and driven a stove without a license plate at approximately 500 meters from the front and rear-gun B road in front of the 19:30% of 0.123% of the blood concentration without obtaining a driver’s license, while under the influence of alcohol at around 19:30 on January 30, 202.
2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant, as a holder of Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance from January 30, 2020 to the front road of the Donnam-gun B, Donnam-do around 19:30 on January 30, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motorcycle which has not subscribed to mandatory insurance);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The records and frequency of the criminal defendant's identical crime for sentencing under Article 62-2 of the Criminal Act, the amount of drinking, the place and distance of driving at the time of committing the crime, the age, character, conduct and environment of the criminal defendant, and other crimes;