도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for one year.
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 July 31, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 31, 2017
On October 3, 2019, at around 01:25, the Defendant driven a motor vehicle under the influence of alcohol by 0.115% in blood alcohol concentration without obtaining a driver's license from the vicinity of drinking fluor in Eunpyeong-gu Seoul Metropolitan Government to the front of C in the same Gu from approximately 2.5km to the front of C in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of crackdown on drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which provide for the choice of punishment for the crime;
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. In view of the fact that the statutory penalty for drinking-driving crimes has been continuously aggravated due to the reason for sentencing [unfair circumstances] of Article 62-2 of the Criminal Act, serious social harm caused by drinking-driving, and changes in the legal sentiment of the general public, there is a need for a strict punishment for drinking-driving crimes.
Moreover, even before the instant case, the Defendant had been punished for drinking driving two times, and even after the instant case was controlled as a drinking driving immediately before the occurrence of the driver’s license, the Defendant had a high possibility of criticism while driving a motor vehicle while under the influence of alcohol without a license.
At the time of the instant crime, blood alcohol concentration is also high.
[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.
No additional damage has occurred.
The defendant is in excess of a fine.