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 27, 2017, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on March 3, 2014, and a fine of KRW 3 million by the same court on March 3, 2014.
【Criminal Facts】
1. On October 17, 2019, the Defendant driving a motor vehicle without registration from about 100 cm to D in the same city, under the influence of alcohol concentration of 0.046% without obtaining a motorcycle driver’s license on October 15, 2019, the Defendant driving the motor vehicle without registration from about 100cm to D in the same city.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled vehicle with no registration of 100cc.
No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.
Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, the circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. Registers of driver's licenses;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.