도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two 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 March 28, 2018, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.
On March 24, 2020, at around 22:30, the Defendant driven a emerat with 124cc calb in the emerat where 0.10% alcohol concentration is under the influence of alcohol without obtaining a motorcycle driver’s license from the front of the “C” restaurant in Yangsan-si B to the front of the D apartment in Yangsan-si, Yangyang-si.
As a result, the Defendant driven the above motorcycle driver's license without obtaining a motorcycle driver's license, and at the same time violated the prohibition of drunk driver's license more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver (the circumstantial statement of the drinking driver);
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished by a fine by violating the Road Traffic Act (including driving without a license and driving without a license) on eight occasions in total. In particular, even though he had been punished by the crime of violating the Road Traffic Act (including driving without a license) before two years, he again committed each of the crimes in this case, and the blood alcohol content reaches 0.100%; on the other hand, the defendant recognized his mistake; on the other hand, the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal record relation, etc. shall be determined as ordered in consideration of all the sentencing conditions.