도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In the Daejeon District Court on August 21, 2007, the Defendant has the power to receive a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on December 18, 2013, KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on December 15, 2014, the same court has received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).
On April 13, 2017, while under the influence of alcohol level of 0.076% among blood transfusion around 04:02, the Defendant driven a vehicle from around 100 meters away from the trade name in the Seo-gu, Seo-gu, Seo-gu, Daejeon to the front road of the Seo-gu Women's High School located in the same Dong from around 100 meters.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Application of the Act and subordinate statutes to the inquiry report and investigation report (a copy of the summary order of the same crime as the suspect);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Considering that there are many criminal records of fines for the same kind of punishment for the reasons of sentencing Article 62-2 of the Criminal Act, the order to attend lectures and the order to provide community service order should be punished strictly.
However, taking into account the fact that the defendant's wrong recognition, reflects, and does not repeat the crime, and that the alcohol level among the blood was relatively high at the time of the instant case, the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and all the sentencing conditions specified in the arguments of the instant case, such as the defendant's age, sexual behavior, and environment.