도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[Power of crime] On September 23, 2014, the Defendant was issued a summary order of KRW 7 million by the Jeonju District Court for a violation of Road Traffic Act (driving).
[Criminal facts] On November 18, 2020, the Defendant driven a Fpoter II cargo vehicle under the influence of alcohol level of about 0.112% from the 4km section of the blood alcohol level from around 16:30 on November 18, 2020 to the Da apartment E-dong parking lot in the same city as Kim Jong-si.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Notice of the result of crackdown on driving drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order attached to the suspect's previous history);
1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on Dec. 10, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be rendered as ordered in consideration of various sentencing conditions shown in the trial process and records, including the defendant's history of driving alcohol (the record of being punished by a fine for driving alcohol in 2006, other than the records of the judgment), the alcohol concentration and driving distance of the defendant's blood, the situation at the time of the crime (the shock of other vehicles), the circumstances after the crime, the reflect attitude of the defendant, the defendant's age, sexual behavior, environment, etc.