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 September 14, 2012, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on September 14, 2012, and on March 14, 2019, the Defendant was issued a summary order of 5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court branch office.
On October 31, 2019, at around 02:20 on October 31, 2019, the Defendant driven B SCR100 mixedly 102CC under the influence of alcohol with about 0.125% of alcohol concentration without obtaining a motorcycle driver’s license from the BSCR 100 under the influence of alcohol with around 0.125% of alcohol concentration from the BSCR 10 to the BS 102CC.
As a result, the Defendant driven a motorcycle without obtaining a motorcycle driver's license, in violation of the prohibition of drinking driving regulations at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, and application of Acts and subordinate statutes to investigation reports;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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, Article 59 of the Act on Probation, etc. is that the defendant was punished for the crime of violating the Road Traffic Act on two occasions, and the defendant committed again the crime of this case while his driver's license was revoked. The defendant's degree of blood alcohol concentration measured by him at the time of the crime of this case is somewhat high.