도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
except that 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
[Criminal Power] On January 16, 2013, the Defendant received a summary order of KRW 3 million from the Suwon District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 04:40 on March 13, 2020, the Defendant driven a Bsch Rexton car under the influence of alcohol concentration of 0.160% without obtaining a driver’s license in Pyeongtaek-gu, Seogu, Seo-gu.
As a result, the defendant was driving under the influence of alcohol more than twice, and was driving without the license.
Summary of Evidence
1. The police's statement of the defendant C in court;
1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, report on the results of the crackdown on drinking driving, and inquiry into the disqualification;
1. Previous records: Application of criminal records and investigation reports (Attachment of the same criminal records) and statutes;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, even though he/she had a record of punishment due to drinking or non-licensed driving, is disadvantageous.
However, in light of the fact that the defendant confessions the crime of this case and repents the mistake, that there was no record of punishment for the same kind of crime since around 2013, the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.