도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
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 December 26, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million on February 3, 2017 to a fine of KRW 3 million for the same crime.
Nevertheless, at around 00:00 on January 20, 2019, the Defendant driven a F rocketing car under the influence of alcohol by 0.112% in blood alcohol concentration, without obtaining a driver's license, from the front of C in Yongsan-gu, Goyang-si B to the front of the E-cafeteria located in Pakistan-si, Pakistan-si.
As a result, the defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle in a drunken state, and simultaneously drives a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, ledger of driver's licenses, and inquiry into the results of the control of drinking driving;
1. The application of Acts and subordinate statutes to criminal records, replys, and investigation reports (a copy of summary order accompanied);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case in the state of unauthorized License even though he had a history of criminal punishment twice due to the violation of the Road Traffic Act, and there is no special circumstance to consider in the circumstance where the defendant was driving at the time of the instant crime, and the driving under the influence of alcohol is not only the person himself but also the life, body, and property of another person.