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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On December 31, 2010, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
[Criminal facts]
1. On August 13, 2020, the Defendant driven D QT Oba without a motor device license under the influence of alcohol leveling 0.266% from around 2km from around 00:10 on the front of Pyeongtaek-si B to the front of C in the same city at around 00:10 on August 13, 202.
Accordingly, the defendant violated the prohibition of driving under the influence of alcohol more than twice, and driving without a license.
2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a D QT two-wheeled automobile, which did not purchase mandatory insurance at the same time and place as the foregoing 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;
1. Inquiries into the actual condition of traffic accidents and into the ledger of driver's licenses;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 40 and 50 of the same Act (the punishment for a violation of the Road Traffic Act concerning the operation of a vehicle with no mandatory insurance) for the ordinary concurrent crimes under Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and Articles 40 and 50 of the same Act (the punishment for a violation of the Road Traffic Act due to a drunk driving or non-licenseing driving, the punishment for a violation of the Road Traffic Act due to a heavier drinking alcohol)
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 defendant, including the drinking volume of this case for the reason of sentencing under Article 62-2 of the Criminal Act, drinking and drinking.