도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and three 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 February 1, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on February 1, 2007, KRW 500,000,000 as a fine for a violation of the Road Traffic Act (e.g., refusal of measurement) at the credit branch of the Suwon District Court on October 18, 2013, and on October 30, 2014, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (e.g., a violation of the Road Traffic Act) at the Seoul Northern District Court on September 20, 2017.
On January 25, 2020, at around 00:03, the Defendant driven a D Eccoo vehicle from around 16km to C apartment parking lot without obtaining a driver’s license while under the influence of alcohol with a blood alcohol concentration of 0.095%.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Reference letters, summary orders, and application of statutes of the judgment; and
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account the unfavorable circumstances, such as the occurrence of accidents on the grounds of sentencing under Article 62-2 of the Criminal Act, such as the same criminal records of sentencing, and the occurrence of accidents during the pertinent drunk driving, but the fact that the time is human and reflect, and the fact that it does not repeat a crime, etc. shall be considered as favorable circumstances.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.