도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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 history] On June 4, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) with the support of the Daegu District Court Kimcheon, and a summary order of KRW 3 million for a violation of road traffic law (drinking driving) with the support of the Chungcheong District Court on December 18, 2017.
[Criminal facts]
1. On June 13, 2018, the Defendant, on June 13, 2018, driven a 27km truck without a vehicle driver’s license from the section of 27 km to the front of the road between the front of the work site in the village of the rooftop village located in the high-speed west-si, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on June 13, 2018 to the front of the road.
2. On June 13, 2018, the Defendant driving a drinking and a non-licenseed driving vehicle at around 21:00, on June 13, 2018, the Defendant driven a B-II truck under the influence of alcohol content of approximately 1.2 km from the front of the road between the road of the Pestari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do
Accordingly, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Notification of the results of crackdown on drinking;
1. The driver's license ledger;
1. Criminal records in its ruling: Application of inquiry letter, such as criminal history, investigation report (Evidence List No. 13)-related Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of each sentence of imprisonment;
4. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code, which shall be aggravated for concurrent crimes.