도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six 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 January 25, 2019, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime in the Goyang Branch of the District Court.
On November 18, 2019, around 16:36, the Defendant driven a BP car under the influence of alcohol content of 0.175% without obtaining a driver’s license, in a section of approximately 1km from the insular area in Yongsan-gu, Yongsan-gu to the 817 old unit of old department store located in the same 817.
As a result, the defendant driving an automobile without obtaining a driver's license, and at the same time, violated the prohibition of driving under the influence of alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Application of the Acts and subordinate statutes of Part IV of the inquiry report and summary order;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant had a history of criminal punishment on several occasions due to the violation of the Road Traffic Act and the violation of the Road Traffic Act; and (b) the Defendant committed the instant crime despite the history of criminal punishment for the violation of the Road Traffic Act in 2019; and (c) the driving under the influence of alcohol is a crime that may cause serious damage to the life, body, or property of another person as well as his/her own; and (d) the need for the corresponding punishment.
However, the defendant's recognition of the crime of this case is against the defendant, and it exceeds the fine.