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
In Gwangju District Court, on May 30, 2016, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (recognition refusal) and a fine of KRW 2 million for a violation of the Road Traffic Act (Regnition) on June 22, 2016.
On January 15, 2020, at around 01:55, the Defendant driven a car in C Tti-gu under the influence of alcohol level of about 15 km from the front day of the Mutual Influence House in Nam-gu, Nam-gu, Gwangju to the front day of the Ho-gun, Jeonnam-gun, the Defendant driven a car in C Tti-gu, under the influence of alcohol level of about 0.101%.
Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.
Summary of Evidence
1. The defendant's legal statement 1. The report on the circumstances of the driver's license and the notification of the control results of drinking driving;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);
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. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.