도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and four months.
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 December 21, 2018, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on December 21, 2018.
【Criminal Facts】
On May 19, 2020, at around 23:32, the Defendant driven E-Poter Cargo Vehicles while under the influence of alcohol of about 0.160% in blood alcohol concentration, without obtaining a driver's license, from the section of approximately 1.5km up to the front road of the Dondo-gun, Jeonnam-do.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle on the road without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of each of the criminal records, reference reports (A), investigation reports (verification of criminal records of the same kind as a suspect), and copies of summary orders, respectively;
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 Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.
The defendant is a person who has been punished for drinking or drinking three times in the past.
Nevertheless, the risk of drinking driving has not been broken down and again, causing serious danger to the safety of the general public by driving under the influence of alcohol, and it exceeds the center line while driving under the influence of alcohol.