도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and three 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 January 30, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on January 30, 200, and a summary order of KRW 5 million as a fine for the same crime in the same court on August 27, 2015.
【Criminal Facts】
Around 06:10 on August 1, 2020, the Defendant driven D rocketing car under the influence of alcohol concentration of about 0.10% without obtaining a driver’s license, from the front road of Yongsan-gu, Yongsan-gu to the front road of the same Gu C.
Summary of Evidence
1. Application of Acts and subordinate statutes of one copy of a summary order to the accused's legal statement scene photographs, the driver's circumstantial statements, the investigation reports (report on the circumstances of the driver's driver), criminal records such as notification of the results of the crackdown on drinking driving, etc.;
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 the 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 of Article 62-2 of the Criminal Act, despite the fact that the defendant had been sentenced to a fine three times due to the crime of drunk driving, the defendant committed the crime of drinking and driving without a license, in addition, he committed the crime of drinking and driving without a license.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
There are circumstances that can be considered for the defendant's drinking in the preceding night, driving in the following day, and driving in the following day.
There is no record that the defendant was punished for a crime of drinking or non-licensed driving.
This is favorable to the defendant.
In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, and motive and motive of the crime.