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 March 29, 2010, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on October 12, 2018.
【Criminal Facts】
On October 5, 2019, at around 01:40, the Defendant driven the Matoba (the exhaust displacement 249c) under the influence of alcohol concentration of about 0.043% without two kinds of small-sized drivers' licenses from about 2 km section from the front road of Changwon-si, Changwon-si, Seoul to the front road of the Dispute Resolution Co., Ltd. in the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a driver, report on the situation of a driver’s license, and the register of driver’s licenses;
1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished three times due to driving without a license and driving without license, which led to the instant crime.
No defendant has obtained a driver's license.
However, the defendant recognizes and reflects the facts of crime.
The blood alcohol concentration is not high.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.