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
[criminal power] The defendant was sentenced to a fine of one million won on December 28, 2007 as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on December 28, 2007, and the same court on April 17, 2009 sentenced to a fine of one million won on the same crime and has the criminal records punished for drinking driving.
【Criminal Facts】
On May 14, 2020, at around 20:45, the Defendant driven a C low-speed car with approximately 100 meters alcohol level 0.050% under the influence of alcohol level from the front of the commercial building following the G apartment in the city of Jinju to the front road of the B apartment in the city of Jin-si, Jin-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement, investigation report, and statement of blood alcohol alcohol of the drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;
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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant again committed the instant crime despite the fact that he had been punished twice due to drunk driving.
However, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's age, character and behavior, environment, motive of the crime and circumstances after the crime, etc., which are shown in the records and pleadings at the time of driving, the blood alcohol concentration of the defendant at the time of driving, driving distance, driving distance, and other records and arguments of this case.