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 April 25, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on April 25, 2007, and on December 14, 2017, with the same support as a fine of KRW 5 million for a violation of the Road Traffic Act.
【Criminal Facts】
On September 19, 2019, at around 14:05, the Defendant driven a DG car without obtaining a driving license from around 4km section of approximately 0km to the C Office located in the Gu and America, from around 14:05, while under the influence of alcohol level of about 0.159%.
Accordingly, the Defendant violated the duty of prohibition on driving at least twice under the influence of alcohol, and at the same time, operated a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, field photographs, the ledger of use of a drinking measuring instrument, the ledger of driver's licenses (A), and details of revocation of driver's licenses;
1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;
1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
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 (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;
1. Scope of applicable sentences under law: Two to five years of imprisonment;
2. Application of the sentencing criteria: Not set;
3. Circumstances are to be taken into account that the Defendant who made a decision of sentence fully acknowledges the crimes.
However, the defendant has committed the crime of this case in which he once was punished for the same kind of crime and driving his driver's license has been revoked due to drinking driving.