도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and two months.
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 February 2, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.
【Criminal Facts】
On August 5, 2019, at around 21:30, the Defendant driven a B bpoter under the influence of alcohol content of 0.158% without obtaining a driver’s license from a section of about 5 km in front of the new intersection in Ulsan-gu, Ulsan-do to the front road of the new intersection located in Ulsan-do.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to inquiry and investigation reports, such as inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, the driver's license ledger (pre-time records), criminal records, etc., and investigation reports (Attachment to a summary order
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have the record of being punished several times for the same crime, but confession of the crime of this case and the mistake has been divided, and there has been no record of punishment exceeding the fine, and the punishment shall be determined as ordered in consideration of the defendant's age, environment, blood alcohol concentration and driving distance, and various sentencing factors, such as the circumstances after the crime.