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
On November 5, 2010, the Defendant issued a summary order of KRW 2 million on the grounds of a violation of the Road Traffic Act at the Seoul Southern District Court on November 5, 201, and a fine of KRW 4 million on May 29, 2017 at the Ansan District Court on the grounds of a violation of the Road Traffic Act.
On September 15, 2019, at around 06:05, the Defendant driven a D-crare car under the influence of a driver’s license with approximately 500 meters alcohol concentration of 0.170%, from the 500-meter section from the front of Seocheon-si B to the front of Seocheon-si, Busan.
As a result, the defendant violated the prohibition of drinking driving at the same time more than twice, and operated without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (a summary order accompanying the same criminal records as a suspect);
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. The Defendant was punished by a fine for drunk driving in 2010 and 2017, and accordingly the driver’s license was revoked on May 26, 2017.
Nevertheless, there is a need for severe punishment in that the Defendant, even though he was able to easily understand the above circumstances through the media, was engaged in driving under the influence of alcohol, since June 25, 2019, and the penal provision on drinking under the influence of alcohol was strengthened.
In addition, the Defendant was punished for driving without a license in 2018 after the driver's license was revoked as above.