도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and four 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 September 24, 2008, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on September 24, 2008, a summary order of KRW 4.5 million for the same crime at the Seoul Northern District Court on May 28, 2013, and a summary order of KRW 5 million for the same crime at the Seoul Northern District Court on April 14, 2017.
【Criminal Facts】
On October 16, 2019, at around 23:20 on October 16, 2019, the Defendant driven a C A62.0 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.188% without obtaining a driver's license in the section of about 10km from the area near the Yang Jae-dong in Seocho-gu Seoul Metropolitan Government to the front road in Sungnam-gu Seoul Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal records and investigation reports (verification of sound driving records) and application of each summary order attached thereto;
1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning criminal facts;
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 is a very high-risk crime that may infringe on the life and property of others as well as the person himself/herself. It is highly necessary to strictly punish the blood alcohol concentration of this case.
Although the defendant had been sentenced to three times of a fine due to drinking driving, he has taken the drinking driving in the state of a license without any delay.
However, the defendant recognized the facts charged in this case and against it, and there is no criminal record exceeding the fine.