도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for two years.
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
[Criminal Power] On May 13, 2020, the Defendant was issued a summary order of KRW 4 million at the Seoul Western District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On May 26, 2020, the Defendant, without obtaining a driver’s license, driven a DNA-affiliated car with approximately 0.100% of blood alcohol content in the section of about 20km from the front of the Green Franc Station located in 195, Yongsan-gu, Seoul, Yongsan-gu, Seoul to the front of the same day at 04:49 on the same day.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. The defendant's legal statement, statement of cancellation of driver's license, report on the status of driving without a driver's license, and report on the status of driving without a driver's license, the status of driving without a driver's license;
1. Previous convictions indicated in the judgment: Criminal history records, the suspect's previous records, and the application of double-order Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, or the order to attend a community service order, does not appear to have been issued with a summary order due to drunk driving, and thus, the defendant's liability for the crime is not less complicated.
However, considering the fact that the defendant states that all the facts charged are recognized and reflected, there is no penalty, clear social relationship with the mother's health status, volunteer service, and contribution to society, etc., considering the circumstances favorable to the defendant, the age, character, health conditions, and health conditions of the defendant.