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
[Criminal Power] On November 24, 2016, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (driving) in the Changwon District Court's branch court's branch court on November 24, 2016
【Criminal Facts】
At around 19:10 on January 13, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a F Spart vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.163% from the 100-meter section from the road adjacent to D’s E road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;
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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The occurrence of an accident involving the driving of a motor vehicle by drinking alcohol again even though the defendant had a record of punishment due to a drunk driving and a traffic accident resulting therefrom, resulting in the occurrence of an accident involving the driving of a motor vehicle again, and the blood alcohol concentration at the time is high;
1. Sentencing elements: The defendant acknowledges and reflects his mistake, and there is no criminal record other than the one time fine.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.