도로교통법위반(음주운전)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
[Criminal Power] On January 8, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on January 8, 2014.
【Criminal Facts】
1. On September 28, 2020, the Defendant was driving a 50c Obaba in the state of under the influence of alcohol with a blood alcohol concentration of 0.244% at the section of about 500 meters from the roads in front of the Do, not around 16:30 on September 16, 202 to D.
As a result, the defendant violated the prohibition of drunk driving more than twice.
2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance was not subscribed, but the Defendant operated 50 cc obbs without any number plate that was not covered by mandatory insurance on the front side of D located in the military, not on September 28, 2020. < Amended by Presidential Decree No. 22190, Sep. 16, 2020>
Summary of Evidence
1. Defendant's legal statement;
1. Inspection results of the crackdown on drinking driving, notification of the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and on-site photographs;
1. Criminal records: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the Criminal Act provides that the case does not be somewhat weak in light of the blood alcohol concentration and criminal records of the same kind, but does not repeat the crime in depth. This case can be seen to have somewhat different degree of danger caused by an accident in comparison with the case of driving an automobile using a motor vehicle as a motor vehicle in comparison with the case of driving the motor vehicle, and all circumstances constituting the condition of sentencing in the instant records and arguments are taken into account).
1. Article 62 of the Criminal Act: