도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, 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 September 23, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 23, 2009, and on April 26, 2012, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.
On March 9, 2016, the Defendant driven D A6 car under the influence of alcohol leveling 0.115% from the section of approximately 8 KK to the direction park located in the center of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in order to improve the water level around 02:50 on March 9, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of a summary order, and one copy of a judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act, including the previous conviction on probation in 2012, committed a second offense despite the previous conviction on drinking, requires a strict punishment.
However, there are some extenuating circumstances in light of the circumstances in which the defendant was under the influence of alcohol, the fact that the defendant was under the influence of alcohol, the fact that the defendant was under the influence of alcohol, the fact that the defendant was under the influence of ordinary driving, etc., and the favorable circumstances, drinking volume, driving distance, the age, sex, family environment, and the circumstances after the crime, etc., shall be determined by the same sentence as the order in consideration of the overall sentencing conditions shown in the argument