도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six 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
[criminal power] On January 26, 2010, the Defendant was sentenced to a summary order of 6 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On March 2, 2010, the Defendant was sentenced to a summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 2, 2010. On January 24, 2018, the Defendant was sentenced to 6 months by imprisonment with prison labor and 1 year by a suspended sentence.
【Criminal Facts】
On September 25, 2019, at around 00:25, the Defendant: (a) driven B Sti-type vehicle with a level of about 10km from the Bupyeong Station in Bupyeong-gu Incheon Metropolitan City to the area near Gunposidong located in Gunpodong in Sipoposi; (b) without a driver’s license, driven B Sti-type vehicle with a blood alcohol concentration of at least 0.076%; and (c) was in violation of the duty of prohibition under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), previous records, results of confirmation, and application of Acts and subordinate statutes;
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 Concurrent Crimes;
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. Probation and community service order Article 62-2 of the Criminal Act has the same criminal records against the defendant for the reason of sentencing, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime, shall be determined as the order;