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 November 17, 2017, the Defendant received a summary order of a fine of KRW 3 million from the Cheongju District Court due to a violation of the Road Traffic Act.
1. Around 11:40 on May 21, 2020, the Defendant driven a 150cc-free private-use car driving without a driver’s license, while under the influence of alcohol from about 50 meters to about 0.198% of blood alcohol concentration, from around 11:40 on the road before and after Ansan-si B to the front road in Ansan-si C.
As a result, the Defendant violated the prohibition of drinking driving more than twice, and at the same time, driven a motor vehicle without a driver's license.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) driven a non-registered private car with 150cc registered wheels that was not covered by mandatory insurance at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The register of driver's licenses to report on the state of drinking drivers and to notify the results of drinking control;
1. The actual condition of traffic accidents, on-site photographs;
1. Previous convictions indicated in the judgment: Criminal history records, the same previous records, and the application of Acts and subordinate statutes of the summary order;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the same Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts (a punishment prescribed for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act due to a heavy drinking driving)
1. The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act from among the concurrent crimes subject to an alternative imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order, including the drinking water in this case, the background of the defendant's driving under influence, the criminal records of the defendant, and other defendants.