도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
On February 24, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on July 15, 201, a summary order of KRW 3 million from the Seoul Central District Court to the same crime, and on January 3, 2018, a summary order of KRW 7 million was issued from the Seoul Northern District Court to the same crime.
On April 27, 2019, at around 04:37, the Defendant driven a Dgallon II car in the state of 0.097% alcohol concentration without a car driver’s license in the section of about 4km from Seodaemun-gu Seoul to the front road of Jongno-gu Seoul.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant laws concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service have already been punished three times due to drinking driving, and one time due to driving without a license, and the Defendant already committed the instant drinking and driving without a license, which are disadvantageous circumstances.
However, the defendant repents his mistake and exceeds the fine.