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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 10, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law at the Suwon District Court’s horizontal site on November 10, 2008, and a summary order of KRW 3.5 million for the same crime in the same court on February 23, 2009, respectively. On February 17, 2012, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime in the same court on February 17, 2012.
On April 2, 2017, the Defendant driven B, while under the influence of alcohol content of about 0.119% at the 5km section at the entrance of the 5km-dong located in the same time from Pyeongtaek-si, Pyeongtaek-si on April 19:15, 201, the Defendant driven B, while under the influence of alcohol content of about 0.119%.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on the actual condition and a report on the circumstances of the driver who takes charge of driving;
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), summary order, and application of statutes of the text of the judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. favorable circumstances: Recognition of a crime and reflector, and there exists no record of crime for the last five years;
2. relatively unfavorable circumstances: The occurrence of a traffic accident (limited to physical damage) due to driving of the instant drinking alcohol in this case, on a relatively high level of drinking, the history of punishment for driving alcohol (including once a suspended sentence of 2012).
3. The above circumstances, the motive and circumstances of the instant crime, and the family relationship of the Defendant, etc., shall be comprehensively considered, and the conditions of sentencing prescribed in Article 51 of the Criminal Act shall be determined as ordered.