도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
On October 21, 2010, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on October 21, 201, and a summary order of KRW 4 million for the same crime in the same court on March 10, 2019, respectively.
1. On May 12, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 20:0 minutes, without obtaining a driver’s license, and driving a vehicle under the name of the Defendant at the section of about 3 km from 3 km to 3 km in front of the studio in the same city.
2. On May 13, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license for driving at intervals of 01:00 minutes. On two or more occasions, the Defendant, who violated the foregoing provision on prohibition of driving under the influence of alcohol, and once again driven a vehicle under the name of the Defendant for about 130 meters in a section of about 0.194% of alcohol concentration in blood, from D in Class C to Gma in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the facts, etc. of dispositions taken twice due to sound driving);
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant had been punished for driving under drinking or non-exclusive license even before the lapse of two times; (b) the fact that the defendant repeats the same mistake under the influence of drinking or non-license; and (c) the fact that the defendant is the most liable for his family's livelihood; and (d) other favorable circumstances,