도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date of the final judgment.
Punishment of the crime
[Criminal Records] On May 26, 2014, the Defendant was issued a summary order of KRW 1.5 million as a crime of drinking driving at the Seoul Central District Court.
[2] On September 2, 2020, around September 21:28, 2020, the Defendant was driving a DMW car under the influence of alcohol content 0.095% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from around 4km to the road near the Songpa-gu Seoul Metropolitan Government Mondo Green Station to the “C Mart” road located in the same Gu.
Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time more than twice.
Summary of Evidence
1. Inquiry into the defendant's legal records of crackdown on driving under drinking;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of previous history);
1. Articles 148-2 subparag. 1, 44(1), and 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts (amended by Act No. 17371 of Jun. 9, 202)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service is not good in that the defendant re-offending the same crime within a short time even though he/she had been punished for the same crime two times. However, the same crime was punished by a fine, and the previous criminal record was caused by the driving of Kwikwikset's drinking, the crime was divided, and his/her family members are also leading the defendant, and the defendant's age, sex, occupation, and circumstances after the crime are also determined by taking account of various sentencing conditions specified in the records and arguments.