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 became final and conclusive.
Punishment of the crime
1. On April 11, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving). On June 17, 2008, the Defendant issued a summary order of KRW 5 million for the same crime at the Sungwon District Court’s Sungnam Branch Branch of Suwon District Court, and on March 12, 2010, a fine of KRW 5 million for the same crime.
2. Around 06:10 on May 8, 2019, the Defendant driven a D Copic car in the state of alcohol alcohol content of about 10 km from the Heung-gu, Chungcheongnam-gu to the point where approximately 260 km away from the front line of Heung-gu, Chungcheongnam-gu, B, and C to the upper line of the Jung-gu, Seoul Highway.
Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Statement on the circumstantial statement of the employee;
1. To apply criminal records, inquiry reports, and each summary order statutes;
1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are recognized as the crime of sentencing, the fact that the crime of sentencing is committed in a short period, the driving of drinking is not repeated in a short period, traffic accidents, etc., and there is no record of heavy punishment exceeding the fine due to drinking driving, and the defendant's age, character and conduct, driving circumstances, blood alcohol concentration before and after the crime, and all other circumstances constituting the sentencing conditions specified in the records and arguments of this case, including the circumstances before and after the crime, shall be determined as the sentence as ordered.