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
On March 2, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court, and on July 9, 2013, issued a summary order of KRW 2,50,000 as a fine for the same crime from the Changwon District Court Msan Branch.
On June 21, 2018, the Defendant driven a B-A-di vehicle under the influence of alcohol content of about 0.282% from the 3km section from the 654 km-gu Magpo-si, Changwon-si, Changwon-si to the 54th day of war prisoners of war, at around 15:30 on June 21, 2018, the Defendant driven a vehicle with approximately 0.282% of alcohol content in blood.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of previous convictions);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had a record of criminal punishment due to driving of drinking alcohol.
However, considering the fact that one's mistake is against himself/herself, the circumstances of the case, etc.