도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
On May 18, 2011, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on May 18, 201. On July 20, 2015, the same court was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (driving). On September 19, 2018, the same court was sentenced to one year of imprisonment due to a violation of the Road Traffic Act (driving) and completed the execution of the sentence on September 18, 2019.
On January 17, 2020, at around 22:20, the Defendant driven a D SP car without obtaining a driver's license in the state of alcohol level of about 0.108% under the influence of alcohol level of about 20km from the Do in front of the Do in Ischeon-si B to the front road of the 168-lane 5 of the Gyeonggi Educational Training Institute, as the Do in front of the Do in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report (1), (2), circumstantial statement report on a driving driver, and the register of driver's licenses;
1. Application of Acts and subordinate statutes, such as inquiry reports, personal confinement status, written judgments, etc.;
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 the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the time limit for sentencing, and the fact that it is a repeated offense due to the same kind of crime shall be considered under favorable circumstances, and the fact that it is a repeated offense.
In this context, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the number and degree of punishment for the same crime, are considered as above