도로교통법위반(음주운전)등
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 18, 2006, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court in Daegu District Court on December 18, 2006. On January 4, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.
【Criminal Facts】
1. Around 1:25 on July 26, 2020, the Defendant driven a motorcycle with no license plate in the state of alcohol alcohol concentration of 0.079% without obtaining a motorcycle driver’s license from a section of about 1km at approximately 1km from the front side of the south-gu at port to the third side of the entrance of the south-gu at port at port at port.
As a result, the Defendant, who violated the prohibition of drinking driving, was driving a motor vehicle without obtaining a license for a motorcycle under the influence of alcohol.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a motorcycle which is not covered by mandatory insurance at the time and place specified in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Requests for inquiry into subscription to liability insurance;
1. Each photograph;
1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);
1. Selection of imprisonment with prison labor as a matter of choice of punishment. Prior to the instant case, the person has been punished four times as a fine due to drunk driving and unlicensed driving;