도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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
[criminal power] On March 27, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on July 18, 2017, respectively.
【Criminal Facts】
On July 4, 2019, at around 19:50, the Defendant driven a BM5 car under the influence of alcohol content of 0.093% without obtaining a driver’s license from a section of approximately 1 km from the front of a mutually influent alcohol house in the front of the Gyeong-gun, Jin-gun to the front of the transformation station located in 192 in Sacheon-si to the south of the 192.
Accordingly, the defendant has driven a vehicle without obtaining a driver's license in the state of drunk in violation of the Road Traffic Act two or more times.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, 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. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of driving, the circumstances leading to driving, the status of the defendant at the time of driving, the previous records of the punishment of the defendant, and the various kinds of sentencing