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 December 6, 2011, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Daegu District Court, and KRW 5 million as a fine in the same court on November 6, 2018.
【Criminal Facts】
On May 16, 2020, at around 01:15, the Defendant driven a DMF5 car without obtaining a driver’s license under the influence of alcohol level of about 0.109% from the paid parking lot in Daegu-gu B to the front road of the building in the same month.
Accordingly, the defendant violated the prohibition of drinking driving more than twice, while driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. On-going drivers, written statements, written reports on the circumstances, investigation reports (report on the circumstances of the drinking drivers), inquiry into the control of drinking drivers, and the register of driver's licenses;
1. Previous convictions in judgment: Criminal records, investigation reports (former and previous confirmation), 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 and Article 43 of the same Act concerning the facts constituting an offense;
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. Probation and order to attend a lecture, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - Despite three times of drinking driving force, recidivism was made, whose blood alcohol content is higher than 0.109%, and driving was made under a state of non-license.
- time to commit the offence;
The above punishment records are both fines.