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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 1, 2010, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the Hongsung branch of the Daejeon District Court, and a summary order of KRW 4 million for a fine of KRW 1,500,000 for the same crime from the official capital branch of the Daejeon District Court on March 13, 2015.
On October 9, 2019: (a) around 05:13, the Defendant driven an E1 ton cargo vehicle while under the influence of alcohol 0.147% of alcohol without obtaining a driver’s license in approximately 100 meters section from the 100-meter C C to the front road of the D elementary school located in C.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation;
1. Registers of driver's licenses;
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Application of inquiry reports and summary order-related 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 and Article 43 of the same Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);
1. In principle, a serious punishment is required in light of the unfavorable circumstances such as the four-dimensional driving criminal records of sentencing under Article 62-2 of the Social Service Order Criminal Act, the recent unlicensed driving records, and the fact that the crime was committed by high drinking water.
However, the punishment shall be determined like the order in consideration of the favorable circumstances, such as the reflection of the fact, the fact that there is no accident caused by the crime, the fact that there is no penalty exceeding the fine, the support for minor children, and the fact that the economic situation is not good.