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 April 22, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on April 22, 2010
【Criminal Facts】
On March 27, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Fpoter cargo vehicle under the influence of alcohol with approximately 0.092% of alcohol alcohol concentration from approximately 4km section from the 19:20 on March 27, 2020 to the front road of the residence of E, the land located in D, located in the front of the Gyeongnam Development-gun.
Summary of Evidence
1. The defendant's legal statement; 1. The report on the state of his driving, and the notification of the results of the drinking driving control;
1. Previous records of 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. 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 and community service order and order to attend lectures: The defendant has a history of punishment for drunk driving;
c. Sentencing elements: The Defendant’s recognition of the instant crime; the fact that there is no other criminal records other than the punishment twice by fines; the Defendant supports his and her children together with his and her wife; and his and her family and branch want to have his and her wife; disposed of the vehicle
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.