도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 31, 2011, the Defendant was sentenced to imprisonment for 10 months or for 2 years of suspended execution with respect to a violation of road traffic law in the Chuncheon District Court's original state support on August 31, 201, and on February 13, 2014, the Defendant was sentenced to a summary order of 3 million won or more due to a violation of road traffic law (driving) in the same court.
On August 20, 2017, the Defendant driven BM520 automobiles from around 20 meters in front of the “Fgu Franchisium,” located on 105, 105, the 105-ro, Hanju-si, Seocheon-si, Seoul, in the state of alcohol alcohol content of around 20:25, to the front day of the “Ygu Franchisium,” located on 102, Seocheon-si, Changju-si, Changju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the results of regulating drinking driving, a report on the situation of a driver who takes driving, and a report on the state of driving;
1. Application of a reply to inquiry, such as criminal history, investigation report (netly 27), judgment text, and summary order-making statute;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The same crime is likely to be repeated because the protection observation and the community service order repeats the same crime on a three-year basis for sentencing under Article 62-2 of the Criminal Act.
The degree of main action is not easy, and the traffic accident has occurred in the course of the crime.
In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.