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
On May 29, 2012, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the District Court of Jung-gu.
On June 18, 2020, at around 16:10, the Defendant driven a two-wheeled vehicle under E being 0.183% alcohol concentration, without obtaining a driver’s license, in the section of about 5km from the vicinity of the water plant C in Scheon-si B to the front of D in the same city.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of the crackdown on drinking driving, the report on the situation of drinking drivers, the report on the investigation into the situation, the next inquiry into the accident, and the license inquiry;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), pre-disposition records, and reporting of results of verification;
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 reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order is that the defendant committed again the crime of this case in spite of his previous convictions of the same kind, interval between the time and the previous convictions of the defendant, the degree of blood alcohol of the defendant, drinking driving and driving without license. In addition, the defendant's age, character, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined by taking into consideration the sentencing conditions