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 December 15, 2006, the defendant was issued a summary order of a fine of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act.
On June 26, 2019, at around 01:22, the Defendant driven an ENAS car from around 1km to around 1km in the front of the road located in Ansan-gu, Ansan-gu, Annsan-si, whose blood alcohol concentration is 0.141% under the influence of alcohol.
As a result, the Defendant driven a vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
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. Article 62 (1) of the Criminal Act;
1. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.