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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On February 7, 2020, the Defendant was issued a summary order of a fine of KRW 6 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 4, 2020, at around 15:25, the Defendant, at around 3.6 km section from the roads near Yeongdeungpo-gu Seoul Metropolitan Government, to the new wind station 27, the same new wind station 27, the air carrier, without obtaining a driver's license, driving C Kana car under the influence of alcohol concentration of about 0.068%.
As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection (driving and driving without a license), report on the situation of driving with and without a license, inquiry into the results of the regulation of drinking driving and a statement of control details;
1. Previous convictions indicated in the judgment: Criminal history records, references to criminal records (A), amounts not to be disposed of, reporting on results of confirmation, investigation reports (attached to a summary order), and application of Acts and subordinate statutes of the 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 fact that an order to provide community service and attend lectures was re-issued under a license immediately after being punished for drunk driving as stated in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, the destruction of evidence in the course of crackdown, and the drinking volume in this case shall be considered;