도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than 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
On September 23, 2016, the Defendant received a summary order of KRW 2,50,00,000 as a fine for the violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.
On November 1, 2019, at around 20:50, the Defendant driven a E-Poter cargo vehicle under the influence of alcohol concentration of 0.192%, without a driver’s license, from the “C” parking lot located in Pakistan to the front of D in the same city.
As a result, the Defendant driven a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
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. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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 facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a history of criminal punishment four times due to the violation of the Road Traffic Act, and the blood alcohol concentration is 0.192% higher, and the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and that it is necessary to punish the corresponding punishment.
However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.
The age, character and conduct, family relationship, and crime of the defendant.