도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 21, 2019, at around 21:25, the Defendant, without the driver’s license, driven a motor vehicle of approximately 800 meters E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the status of drinking driving, report on the status of drinking drivers, and investigation report (report on the status of drinking drivers);
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
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. On February 8, 2019, the Defendant issued a summary order of KRW 4 million for a fine of KRW 5 million for a violation of the Road Traffic Act at the Jung-gu District Court on February 22, 2019, and on May 4, 2019, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (non-licensed driving) at the same court on July 9, 2019.
As above, even though a license was revoked on February 8, 2019 due to a drunk driving on February 8, 2019, the Defendant committed a crime without obtaining a license on May 4, 2019, and on June 21, 2019, the Defendant committed the instant crime without obtaining a license.
The blood alcohol concentration of the defendant at the time is 0.209%.
The blood alcohol concentration of such defendant, distance from the previous punishment power, and other various kinds of records and arguments of this case, including the defendant's age, character and conduct, family relationship, motive and means of crime, and circumstances after crime.