도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 July 11, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Gangseo branch court of the Chuncheon District Court.
1. The Defendant, on June 28, 2018, driven on June 28, 2018, Category B 5 meters, while drunkly under the influence of alcohol content of 0.052% at the 5m alcohol temporary parking lot in Jin-si, Jin-si, Jin-si, Jin-si, 3-ro, 60,000, and 0.052% of alcohol content in blood.
2. The Defendant committed the crime of June 30, 2018, who violated the foregoing provision on the prohibition of drinking alcohol driving twice or more as seen above, driven the foregoing cargo vehicle under the influence of alcohol content of about 0.177% from the 10m section from the inserted temporary parking lot to the temporary parking lot located on the road, around June 30, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Attachment to a suspect A or a criminal record and a summary order);
1. Relevant legal provisions and Articles 148-2(2)3, 44(1) (i.e., self-driving on June 28, 2018), 148-2(1)1, and 44(1) (i.e., self-driving on drinking on June 30, 2018) of the Road Act concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including protection and observation, community service, and lecture attendance order, and the concentration of alcohol in the blood of the instant case, and repeated crimes in a short period, and the possibility of repeating a crime again within a short period, are difficult to eliminate the possibility of repeating a crime again, and other factors of sentencing specified in the pleadings of the instant case, such as the Defendant’s age, environment, sex, motive, means and consequence of the crime, shall be determined as ordered