도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] The Defendant was issued a summary order of KRW 1 million on December 16, 200, and KRW 1.5 million on February 10, 2015, as a crime of violating the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court.
[2] On August 10, 2018, the Defendant driven a B-wing truck under the influence of alcohol level of 0.108% while under the influence of alcohol level of 0.108%, without obtaining a driver’s license, after having run a first apartment house of about 104 meters at a 365-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul.
Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), and each text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination as to the assertion by the Defendant of Article 62-2 of the Criminal Act on the observation of protection and lecture attendance order
1. The apartment parking lot that is an essential point of the argument is driving a motor vehicle for a motor vehicle driving, so it does not fall under drinking prohibited by the Road Traffic Act.
2. Article 2 Subparag. 26 of the Road Traffic Act provides that “The term “driving” means driving (including operation) of a motor vehicle on a road (including places other than a road in cases falling under Articles 44, 45, 54(1), 148, 148-2, and subparagraph 10 of Article 156) according to its original purpose and use.
According to the above provisions, the crime of violation of the Road Traffic Act (drinking) in violation of Article 44 of the Road Traffic Act is established even if a person drives a road in a place other than the road.
Therefore, the defendant's assertion is not accepted.
Sentencing.