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 June 1, 2016, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Chuncheon District Court on the same day, and on May 7, 2020, the Defendant was sentenced to a fine of KRW 12 million for a violation of the Road Traffic Act at the Chuncheon District Court on the same day.
【Criminal Facts】
On April 30, 2020, the Defendant, without obtaining a driver’s license at around 05:40 on April 30, 2020, driven a FM3 car at approximately 3 km from the front of the “C” main point of “C,” in the influence of alcohol content of 0.146%.
Summary of Evidence
1. The defendant's legal statement, circumstantial statement, and the driver's license register of the motor vehicle which is conducted after the drinking control;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);
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. Selection of an alternative imprisonment with prison labor under Articles 40 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 grounds for sentencing under Article 62-2 of the Criminal Act include two times before and after the defendant's drinking alcohol driving, repeating his/her drinking in a short term, and, in particular, the driving of the drinking and non-licensed driving of the instant case during a trial due to drinking alcohol driving: Provided, That the same does not directly cause any damage to the instant case; there is no criminal history of suspended execution or higher; and the punishment shall be determined as ordered in consideration of all the conditions of sentencing