도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 23, 2006, the Defendant driven a bicycle with a alcohol level of 0.151% while drunk, and received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) from the Young-gu District Court’s support on July 28, 2006. On October 27, 2015, the Defendant was under the influence of alcohol level of 0.10% among blood, and was under the influence of alcohol level of 0.10% and was under the influence of alcohol level of 0.10% at the same court on November 23, 2015.
On November 25, 2020, at around 15:50, the Defendant driven a motor bicycle without obtaining a motor device bicycle license in the state of alcohol concentration of about 456 meters from the Do in front of the Chungcheongbuk-gun B to C in front of the road.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice, and at the same time, he operated a motor bicycle without obtaining a motor device bicycle license in violation of Article 43 of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and the driver's license register;
1. Records of crime: Application of an inquiry letter, summary order, and other relevant Acts and subordinate statutes, such as criminal history;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 202; hereinafter the same shall apply) on criminal facts and Articles 154 Subparag. 2 and 43 of the former Road Traffic Act (non-licensed driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body.