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
On November 13, 2017, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from an Ansan District Court's Ansan Branch on November 13, 2017.
Around July 15:26, 2019, the Defendant driven a Crane car owned by the Defendant, while under the influence of alcohol concentration of about five meters from the front of Sinung-si, B on the road of about 0.157%.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on the circumstantial statement of a drinking driver, report on the control of drinking-driving, and drinking-free personnel;
1. Previous convictions in judgment: Inquiry into records of crimes committed by foreigners and investigation experience, and application of Acts and subordinate statutes of the same kind;
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. Article 62 (1) of the Criminal Act;
1. Taking into account all the circumstances, such as the numerical value of blood alcohol concentration for sentencing under Article 62-2 of the Criminal Act, driving distance, and the timing, frequency, and contents of punishment for driving under influence;