도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and three months.
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
On October 9, 2009, the defendant is sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on December 1, 201, a fine of five million won for a violation of the Road Traffic Act at the Suwon District Court on December 11, 2013, and a fine of five million won for a violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on April 26, 2016, respectively.
On July 8, 2019, at around 08:54, the Defendant driven a C Ttiball car at a section of about 2 km from the road located in the upstream of the Suwon-si river to the road located in front of the Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol by 0.162% of blood alcohol level.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A written appraisal of blood alcohol;
1. Previous convictions indicated in the judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and copies of summary orders of the same kind of power;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in three times from 2009 to the Defendant, and the punishment regulations for drinking driving have been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, and there is a need for severe punishment in that the Defendant was engaged in drinking driving of this case.
However, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of punishment heavier than a suspended sentence due to the same kind of crime, and the sentencing conditions that are shown in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are the conditions of punishment as shown in the records.