도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of 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 December 24, 2016, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on May 8, 2019, a fine of KRW 4 million from the Busan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act.
【Criminal Facts】
On September 20, 2019, at around 01:00, the Defendant driven Eone Star Co., Ltd. while under the influence of alcohol concentration of about 0.063% without a car driver’s license in the section of about 4 km up to the front road of D in the same city as in front of a mutual influent restaurant near the B apartment in Gyeyang-si.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Making inquiries, such as the ledger of driver's licenses (before and after the market), criminal records, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);
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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have been punished twice as the same crime, but the accused has been led to the confession of the crime of this case, the mistake has been divided, and there has been no record of punishment exceeding the fine, the minor children are raising, the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc. shall be determined as ordered by the order, taking into account various factors of sentencing, such as the age, environment, blood alcohol concentration and driving distance.