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 February 22, 2013, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on February 22, 2013, and a summary order of KRW 2.5 million for the same crime in the same court on December 23, 2015.
On January 5, 2020, the Defendant driven a D bargaining car in the state of alcohol alcohol concentration of about 0.086% at a section of about 100 meters from the day before the Goyang-gu, Mangsan-gu Belon to the road before the same Gu Celon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driver involved in driving, investigation report (report on the circumstances of the driver involved in driving), and notification of the results of crackdown on driving under drinking;
1. Inquiries about the results of crackdown on drinking driving, inquiries about criminal records, etc., and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of force);
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the Defendant had been punished twice due to the crime of drunk driving, but the crime of this case is not less and less and less and the nature of the crime of this case.
On the other hand, the defendant recognized the crime and the driving distance is short.
There shall be no criminal records exceeding fines against the accused.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.