도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 4, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act, etc., and on June 28, 2012, the Defendant was sentenced to a suspended sentence of six months with a prison labor for a violation of the Road Traffic Act at the Chuncheon District Court on June 28, 2012. On June 20, 2016, the Defendant was issued a summary order of KRW 8 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Chuncheon District Court on June 2016.
【Criminal Facts】
On April 16, 2020, at around 01:35, the Defendant driven a Epoter Ⅱ truck from the front side of the “Cropi” in the Gangwon-gu, Yangwon-gun, with a blood alcohol concentration of 0.086%, without obtaining a driver’s license, to approximately 5km from the front side of both-gu, Yangpo-gun, to the front side of the D.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation (the details of arrest of the suspected suspect, such as drinking, etc.);
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, report on the circumstances of driving under drinking and report on the state of non-licenseless driving;
1. The driver's license ledger;
1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing order and order to attend a lecture is three times for drinking driving, two times for driving without a license, and one time for drinking and driving without a license. In addition, the crime is not good for committing the crime.
However, the defendant's blood alcohol concentration is very 0.086%.