도로교통법위반(음주운전)
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 29, 2010, the Defendant received a summary order of KRW 2 million for a fine of KRW 6 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on April 29, 2010, the summary order of KRW 2.5 million for the same crime in the same court on January 6, 2012, and the summary order of KRW 6 million for the same crime in the same court on August 20, 2012.
【Criminal Facts】
On June 9, 2019, at around 20:50 on June 20, 2019, the Defendant driven an Epoter cargo vehicle under the influence of alcohol concentration of about 0.226% from the 1km section from the front day to the front day of the DNA convenience store in the same city C.
As a result, the Defendant violated the prohibition of drunk driving at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Control note;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018)
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting are as follows: (a) the defendant has already been sentenced to a three-time fine due to drinking driving; (b) the disadvantageous circumstances such as the fact that drinking alcohol in this case is considerably high; and (c) the defendant's mistake and reflects it; and (d) the circumstances favorable to the defendant, such as the fact that it does not reach a traffic accident, shall be considered; and (e) the punishment shall be determined as ordered by taking into account all the conditions of sentencing as shown in the arguments, including the defendant'