도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
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 December 7, 2018, the Defendant received a summary order of a fine of four million won for a violation of the Road Traffic Act from the Ulsan District Court.
1. Around 00:20 on January 11, 2020, the Defendant violated the Road Traffic Act (driving) and driven a car in a state of 0.149% alcohol concentration at a section of about 5km from the front of the B apartment in Ulsan-gu, Ulsan-gu to the front of the Ulsan-gu C market.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated a DNA car without a driver's license at the time and place specified in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a driver and the register of driver's licenses;
1. Application of Acts and subordinate statutes to investigation report (a copy of summary order);
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 order and the order to attend a lecture is that the defendant recognized his mistake and reflects his mistake, the fact that the defendant has no record of punishment in excess of the fine is favorable, and the defendant committed the crime of this case within a short period despite the fact that the defendant had been punished twice due to drinking driving, the defendant committed the crime of this case within the short period. The fact that the blood alcohol concentration level at the time of the crime of this case was high shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances