도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and eight 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 January 21, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court, and on July 24, 2019, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.
【Criminal Facts】
On June 14, 2020, at around 02:43, the Defendant driven a 12 km CM5 car from Gwangju City to the entrance of the Mapo-gu Mabbro, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si without obtaining a driver's license.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements, investigation report, and register of driver's licenses to notify the results of the control of drunk driving;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
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 Act regarding the order to provide community service and attend lectures was that the Defendant had been subject to three times of punishment due to drunk driving, including the previous conviction in 2019, but, within the short time, was in the state of license without permission. It seems that the spirit of compliance with traffic regulations or safety awareness is insufficient, and the nature of the crime is not that of giving rise to physical damage due to single accidents.
However, considering the fact that the defendant is led to confession and reflect, there is no previous conviction in excess of fine, damage recovery, etc., and other records are recorded, such as the defendant's age, attitude, environment, background and distance, drinking volume, accident size, and circumstances after the crime.