도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 8, 2013, the Defendant was sentenced to a suspended sentence of three years for one year and two months, due to a crime that driven while under the influence of alcohol with 0.250% of alcohol concentration in blood around May 1, 2013, and a crime that driven while under the influence of alcohol with 0.280% of alcohol concentration in blood around May 20, 2013.
Criminal facts
On February 13, 2017, the Defendant driven CSM 5 automobiles under the influence of alcohol with approximately 500 meters alcohol concentration of 0.287% from the 141 Ecopis, Don-ro 141, Don-ro, Hannam-si, Hannam-si, to the neighboring road.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A) and reporting of the result of the investigation (Attachment to the judgment);
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 reason for sentencing of Article 62-2 of the Criminal Act (Prevention of Re-offending) is that the Defendant was sentenced to a suspended sentence of imprisonment due to the same crime, and the Defendant needs to be punished by a severe punishment equivalent to drinking value.
However, in consideration of the fact that the defendant is aware of his/her alcohol dependence and is receiving hospitalized treatment after the instant case, and the crime of this case was committed after the probation period for the defendant, the last suspended sentence shall be sentenced to a suspended sentence for a limited period of time, but the order to observe protection, provide community service, and attend lectures to comply with the law to prevent recidivism.