도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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
[Criminal Power] On April 20, 2020, the Defendant was issued a summary order of KRW 12 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch on April 20, 202.
【Criminal Facts】
On June 4, 2020, at around 23:39, the Defendant, without a driver’s license, driven a D knife car from the section of approximately 800 meters from the land below the Silung City B market to the front road, while under the influence of alcohol by 0.049% of the blood alcohol concentration without a driver’s license.
As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without a license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, the results of the crackdown on drinking driving, and the output thereof;
1. Registers of driver's licenses;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquiries into crimes and investigation records of foreigners and investigation reports;
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant has committed an illegal act; and (c) the Defendant has been punished by a fine due to drunk driving; and (d) the Defendant has been drinking, driving without a license; and (c) the Defendant’s criminal records; (d) the degree of blood alcohol level; and (e) driving distance; and (e) the sentencing conditions specified