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
[criminal power] On June 1, 201, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court, and on June 11, 2015, a summary order of 4 million won by a fine for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court.
【Criminal Facts】
On July 31, 2019, at around 23:15, the Defendant driven a F rocketing car under the influence of alcohol concentration of about 0.120% without obtaining a driver’s license in the section of about 800 meters from the C cafeteria in front of the C cafeteria in B to the front of the Etax Office in D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, inquiry into the control of drinking and the register of driver's licenses;
1. Previous convictions in judgment: Investigation report (Evidence No. 12 of the evidence list), criminal history records, and application of Acts and subordinate statutes;
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. Probation and community service order for sentencing of Article 62-2 of the Criminal Act recognizes the crime of this case and reflects it, there is no record of criminal punishment exceeding the fine, the fact that there is a record of multiple times of punishment due to the same kind of drinking driving and the crime without license, and other conditions of all the sentencing recorded in the records, including the defendant's age, character and behavior, environment, and circumstances before and after the crime of this case, shall be determined as the sentence as ordered