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 September 19, 2019, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for the violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.
On September 11, 2019, at around 19:18, the Defendant violated the duty of prohibition of driving under the influence of alcohol two times or more by driving C Carp vehicle under the influence of alcohol at a section of about 3 km from the front of a restaurant in the trade name in Pakistan B to the front of the “Korea Rural Community Corporation” in the city of 240 in the same city to the road of “Korea Rural Community Corporation” in the center of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Notice of the result of the crackdown on drinking-driving, report on the situation of a drinking-driving driver, and descriptions of the next inquiry;
1. Previous records of judgment: Application of each Act or subordinate statute of criminal records, inquiry reports, and investigation status;
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 to mitigate small amount;
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 more than two times the records of punishment for drunk driving than the previous conviction in the judgment of the defendant, and the drinking water of the instant crime is considerably high.
However, the defendant is a short distance of drinking driving and has been sentenced to a fine.
The defendant disposes of his own vehicle and again does not stop the same crime.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.