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 24, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on September 24, 2015. On May 21, 2018, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On November 5, 2019, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a f-wing truck with a blood alcohol concentration of approximately 0.091% from the 30m section under the influence of alcohol at around 16:18 on November 5, 2019 to the front road of the E Public Security Center located in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of double-entry Acts and subordinate statutes, such as criminal records, repeated statements, and copies of summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture: The defendant, even though he/she had a record of punishment three times due to drinking driving in 1999, 2015, and 2018, has done a drunk driving;
2. Determination of favorable sentencing elements: Defendant’s mistake and reflects his or her fault.
(1) The fact that there is no record of punishment exceeding the fine, support for the elderly and two children along with the wife, and the defendant's scambling who want to be scam: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered as a whole.