도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
(b) the defendant;
Punishment of the crime
[criminal history] On January 24, 2013, the Defendant was punished for drinking driving three times as well as receiving a summary order of a fine of one million won due to a violation of road traffic law in the Jinwon District Court's Jinju branch.
[Criminal facts]
1. On June 22, 2017, at around 03:20, the Defendant driven C-Wts’ automobiles in the state of alcohol with approximately 300 meters alcohol concentration at approximately 0.162% from the front day of the other Dog-dong-si, the other Dog-dong-si, to the front day of the said home-plug.
2. On July 16, 2017, around 05:20, the Defendant driven the said benz car under the influence of alcohol content of about 500 meters from a 500-meter section from the front road to the front road of the Jinju Police Station other than the Jinju Police Station.
As a result, the defendant had already violated the prohibition on drinking at least twice, and again driven a drinking again.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement under the circumstances of the driver involved in the relevant driving;
1. Each investigation report (main driver's circumstantial report);
1. A response to a request for appraisal and a written appraisal;
1. A report on the detection of a primary driver;
1. Investigation report (report on the situation of the driver in charge); and
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal record and summary order), application of Acts and subordinate statutes;
1. Articles 148-2(2)2, 44(1) (not less than 0.1% but less than 0.2% of alcohol in blood) and 148-2(1)1 and 44(1) (not less than 3 times of alcohol) of the relevant Act on the grounds of criminal facts, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;