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
Around October 27, 2019, the Defendant was under the influence of alcohol 0.145% of the blood alcohol concentration, and was under the control of the police. On January 17, 2020, the Suwon District Court issued a summary order of a fine of KRW 6 million for the crime of violation of the Road Traffic Act at the Suwon District Court on January 17, 2020.
On December 28, 2019, the Defendant was under the influence of alcohol with 0.104% of blood alcohol concentration at around 22:07, and without obtaining a driving license, the Defendant driven an E SP car at a level of 500 meters from the front of the “C” in Gyeonggi-si B to the front of the road in the same city.
around 13:51 on April 4, 2020, the Defendant driven an Esp motor vehicle in the section of about 18 km from the 18 km-gu, Gyeonggi-si to the point of 57.6 km in the location of the Dong-dong Highway (Ghill) in the same city with the location of the same city, without obtaining a driver's license.
Summary of Evidence
"200 Highest 677"
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions as stated in the judgment: Investigative report (Attachment of a summary order for the same crime as a suspect), Suwon District Court 2019 High Court summary Order 21028, one copy of "20 Highest 3062";
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
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;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows: (a) the Defendant was under the influence of drinking driving on October 27, 2019 and the license was revoked.