도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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
On June 28, 2017, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On October 14, 2019, at around 06:19, the Defendant driven C 3 cargo vehicles under the influence of alcohol leveling 0.110% of alcohol level without obtaining a driver's license in a section of approximately 4.5 km from the upstreamamamamb in Ansan-si to the front of the same Gu.
Accordingly, the Defendant was driving a motor vehicle without a driver's license under the influence of alcohol not less than twice in violation of the prohibition on drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and record of measurement of drinking;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning 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. In addition to the previous conviction of Article 62-2 of the Criminal Act, the accused has the record of being punished once for drinking without a license in 2005 and twice for driving without a license in 2006.
In light of the fact that the blood alcohol concentration level at the time of the instant control is considerably high, and the details of the control, it is necessary to punish the Defendant strictly.
The punishment shall be determined as per the disposition in consideration of the fact that the defendant has against his mistake and has not committed any criminal offense exceeding the fine.