도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the defendant shall be sentenced to the above punishment for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On January 7, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court. On October 19, 2016, the Defendant was sentenced to a fine of KRW 4 million for the same crime. On September 14, 2018, the Defendant was issued a summary order of KRW 8 million for the same crime at the Daegu District Court.
【Criminal Facts】
On September 15, 2020, at around 19:00, the Defendant driven D 124c motorcycle under the influence of alcohol concentration of 0.237% without obtaining a driver’s license to drive a motorcycle on the section of about 200 meters from the front road of Daegu Northern-gu, Seoul to the front road of the same Gu C, and without obtaining a driver’s license to drive a motorcycle.
Accordingly, the defendant driving a motorcycle without obtaining a driver's license to drive a motorcycle, and at the same time, violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The register of driver's licenses made under circumstantial reports and the results of crackdown on drinking driving;
1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);
1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant repeats drinking and unlicensed driving, and circumstances favorable to the lack of awareness of compliance driving: The defendant repents his mistake, and the age, character and behavior, environment, motive for committing the crime; and