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
[criminal power] On October 21, 2008, the Defendant issued a summary order of KRW 4 million to the same court on June 30, 2009 as a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on October 21, 2008, and the same court on June 30, 2009, and the same court on May 31, 201.
【Criminal Facts】
On July 4, 2020, at around 00:38, the Defendant driven a B-hand car while under the influence of alcohol at approximately 15km in the direction of the Seoul 393km of the Gyeong-si Highway, which is permissible from the French-si (hereinafter referred to as Pyeongtaek-si) to the point of 393km.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures lies in the defendant's attitude against his own crime and the fact that the defendant had been sentenced to punishment in 208, 2009, 33 times in 2011, and the distance of driving under the influence of alcohol has not yet been shorter than that of his own crime under the unfavorable circumstances of the defendant. The fact that the blood alcohol level in this case has not been relatively high since the influence of alcohol in 201, the defendant had not been in the same kind of power, the fact that there was no criminal record exceeding the fine, and that there was a family member to support him, such as mother and father, etc.