도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 8, 2016, the Defendant received a summary order of KRW 6 million as a crime of violation of the Road Traffic Act (driving) from the Seoyang Branch of the Incheon District Court on May 1, 2019, and received a summary order of KRW 4.5 million as a fine from the same crime.
【Criminal Facts】
On June 2, 2020, around 02:41, the Defendant driven C SP car under the influence of alcohol concentration of approximately 0.132% without a driver’s license from the Do in front of the instant 25km-gu dialogue-dong to the front day of Pakistan-si.
Summary of Evidence
1. Report by the defendant on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, report on the results of crackdown on driving under influence of alcohol, report on the circumstances of driving without a license, on-site photographs, investigation report on the register of driver's license (verification of suspect's records of driving
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 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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant had a record of two times or more as a crime of drunk driving and the driver's license was revoked, but the last one year after the punishment was imposed.
The distance of the vehicle is very long.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
There is no other criminal records against the defendant in addition to the punishment records on the two occasions.
This is favorable to the defendant.
Article 51 of the Criminal Act, including the above circumstances, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance after the crime, and circumstances after the crime.