도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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 May 30, 2013, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act. On September 7, 2018, the same court issued a summary order of KRW 3 million for the same crime.
【Criminal Facts】
On June 16, 2019, at around 22:15, the Defendant driven a FMW car with approximately 100 meters alcohol concentration 0.053% under the influence of alcohol without obtaining a driving license from the front of the C cafeteria located in Gwangju Mine-gu, to the front of the E cafeteria located in the same Gu.
As a result, the defendant violated the prohibition of drinking driving and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. Registers of driver's licenses;
1. Previous convictions before ruling: Application of inquiries, such as criminal records, and written summary order, by two copies of the relevant Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 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. The defendant's reason for sentencing under Article 62-2 of the Criminal Act (two times as stated in the criminal records at the market), the reason for sentencing under Article 62-2 of the driver's license revocation (the driver's license is revoked due to sound driving), the last drinking driving force, and the distance between the crimes in this case (the shortest ten months) shall be selected and punished by imprisonment.
In addition, the details of blood alcohol concentration, the background of driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc. are considered.