도로교통법위반(음주운전)등
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 December 17, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million for the same crime, etc. at the same court on August 6, 2019, respectively, at the Seogu District Court Branch Branch of the Daegu District Court, for the crime of violation of the Road Traffic Act.
On May 2, 2020, at around 19:37, the Defendant driven C 1 ton cargo vehicles under the influence of alcohol alcohol concentration of about 0.209% without obtaining a driver's license in the section of about 6 km from the middle East-dong road in Daegu Suwon-dong to the front road of the same month and Seo-gu Bel.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (report on confirmation of the same type of suspect records);
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 lecture attendance order Article 62-2 of the Criminal Act does not fit the nature of the defendant for the reason of sentencing, and unfavorable circumstances such as the fact that the principal offender is against the defendant, and other favorable circumstances such as the defendant's age, character and conduct, environment, means and result of the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions specified in the trial process of this case, including the defendant's age, character and conduct,