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
On March 21, 2008, the Defendant was issued a summary order of KRW 1 million by the Jeju District Court as a crime of violation of the Road Traffic Act.
On August 16, 2019, at around 23:08, the Defendant driven an E-Korean cruise car under the influence of alcohol content of about 0.068% from a 400-meter section from the front of the C Party, which is located in Yangsan City B, to the front road of the D apartment.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. Recognizing the facts charged for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that blood alcohol content is relatively high is favorable to the defendant.
On the other hand, the defendant's previous and second times of drinking driving is disadvantageous to the defendant.
Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.