도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On June 28, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court for a crime of violation of the Road Traffic Act, and on May 24, 2017, the same court received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.
On June 19, 2019, at around 21:00, the Defendant driven a 300-meter radius from the front of a restaurant in the window of Changwon-si, Changwon-si to the road near the Taecheon-ro 19-ro 41 in the Dong-ro 19-ro Eup in the same Eup/Myeon, the Defendant driven a B high-class truck with a blood alcohol concentration of 0.173% under the influence of alcohol without the driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;
1. The ledger of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.
The blood alcohol concentration was high, and the defendant was punished for the same kind of crime.
However, the defendant's age, character and conduct, family relation, environment, motive, means, means, and result of the crime of this case, that the defendant recognized and did not repeat the crime of this case.