도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 19, 2009, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on October 4, 2012, the above court issued a summary order of KRW 4 million for the same crime.
【Criminal Facts】
On December 10, 2019, at around 05:41, the Defendant driven a D-hurd motor vehicle in the state of alcohol with a blood alcohol concentration of 0.16% (blood measurement result) from the front parking lot of Suwon-gu, Suwon-si B apartment Cdong to the front road of the same Gu Chowon-dong film elementary school at approximately 2km from the front road of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report, report on the results of the control of drinking driving, report on the assessment of blood alcohol, and report on the results of the control of drinking driving;
1. Scenic photographs;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on the Crime, Articles 148-2 (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 on probation;
1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend the lecture, despite the fact that the defendant had been already punished several times for the same kind of crime, leading to the crime of this case again. The defendant's blood alcohol concentration at the time of the crime of this case is disadvantageous to the defendant.
On the other hand, the defendant appears to have the attitude to recognize and reflect the crime of this case, and the fact that there are circumstances to consider the circumstances leading to the crime of this case is favorable to the defendant.
Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and circumstance of the defendant, etc., shall be determined as per the disposition.