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 September 26, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the crime of violation of the Road Traffic Act at the Jeonju District Court.
【Criminal Facts】
On September 29, 2019, around 01:43, the Defendant driven a D’s “sprink” car under the influence of alcohol content of about 20 meters from a 20-meter section from the front of the peace zone to the front of the “C” in the same Gu’s “C” road located in the same Gu.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report and photographs of the accident site;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. A response to the request for appraisal, and a written appraisal of blood alcohol;
1. Previous records of judgment: Criminal records, inquiry records, records of the same kind of power, one copy of judgment, and application of Acts and subordinate statutes of a list of related cases;
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 (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving.
However, the fact that the defendant's mistake is recognized and reflected, and that the criminal punishment is one time is favorable to the defendant.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.