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
The facts charged indicate that the defendant was sentenced to a summary order that is sentenced to a fine for the crime of violating the Road Traffic Act several times, but Article 148-2 (1) 1 of the Road Traffic Act punishs a person who has violated Article 44 (1) of the same Act not less than twice (the person who drives a motor vehicle, etc. not less than twice under the influence of alcohol) and drives a motor vehicle under the influence of alcohol. Thus, it is clear that the defendant recognizes the same facts of crime by specifying the date and time when the motor vehicle was driven not less than twice in the past while under the influence of alcohol, and even if such facts of crime are recognized, it is determined that it does not give a substantial disadvantage to the defendant's exercise of his/her right to defense. Thus,
On September 6, 2011, the Defendant driven a motor vehicle under the influence of alcohol on August 6, 2014, and thereby violated Article 44(1) of the Road Traffic Act at least twice. On September 23:17, 2014, the Defendant driven a C Poter truck under the influence of alcohol at least 0.161% in a section of about 300 meters from the road front of the main market located in the Sinpo-si, Sinpo-si, Sinpo-si to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of each summary order and each investigation report (related to the confirmation of the date of criminal conduct) Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of the drinking driving), the choice of imprisonment (the point of the drinking driving again after one month has passed since the detection of the drinking driving, the point of the record of punishment for the drinking driving even during 2004, and the point of high blood alcohol concentration)
1. It is true that there is no record of punishment exceeding a fine under Article 62(1) of the Criminal Act, reflects the fact that there is no record, and refrain from driving under the influence of alcohol;