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
On October 31, 2007, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on December 12, 201, the Daejeon District Court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.
On February 1, 2019, the Defendant had been punished for drunk driving twice or more as above, but around 22:32 on February 1, 2019, the Defendant driven a FK5 vehicle under the influence of alcohol from the C parking lot located in Busan B to the front road of the E parking lot located in Busan B, with approximately 300 meters alcohol concentration of approximately 0.126%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, confirmation of criminal records of the same kind of crime committed by the suspect, etc., and application of two copies of summary orders;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Considering the fact that the defendant committed the instant crime even though he/she had the same record of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the defendant.
However, the defendant recognized the crime of this case and divided his mistake, and the defendant committed the crime of this case after a considerable period of time from the records of the crime under influence of alcohol driving, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into consideration the following factors.