도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 19, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million for a violation of the Road Traffic Act at the Gwangju District Court on March 12, 2015, a fine of KRW 5 million for a violation of the Road Traffic Act at the Gwangju District Court on March 12, 2015, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Gwangju District Court on February 12, 2019.
On October 28, 2020, at around 23:35, the Defendant driven a clater vehicle while under the influence of alcohol content of about 0.106% without the driver’s license, from around 20km section to around 68.9km Myeon-do Office of Honam Highway, the Defendant driven a clater vehicle in the state of under the influence of alcohol content of blood without the driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of crackdown on driving drinking;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, when the Defendant was punished for driving under drinking in 2013, 2015 and 2019, he/she again drives without obtaining a license for drinking in 2013, 2015 and 2019, and circumstances that may be considered in light of the circumstances, such as the fact that the instant drinking value was high, and the Defendant’s mistake is pened, and other factors of sentencing revealed during the trial of this case, such as the Defendant’s age, sexual behavior, environment, criminal background, and circumstances after the crime