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
On September 19, 2016, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.
On April 5, 2020, at around 02:05, the Defendant driven B K7 cars under the influence of alcohol level of approximately 0.114% at the section of about 2 km from the front road of the sod field park, which is located in the same Gu’s resignation, from the front road of the sod field golf course, to the front road of the sod field park.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act committed a crime of drinking again even though he/she had a previous conviction, it is necessary to punish the defendant strictly.
However, in light of the fact that the defendant was unable to repeat the crime while committing the crime, the criminal record of the above drunk driving is a fine, and the defendant has no particular criminal record except for the above drunk driving criminal record and once a fine, and the defendant has no record of criminal punishment, the sentence of suspension of execution is to be imposed under the condition of the order to attend the course, taking full account of all the circumstances, such as the blood alcohol concentration and driving distance of the case, the defendant's age, character and conduct, and the circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of the case, including the defendant'