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 December 1, 2006, the Defendant issued a summary order of a fine of 1.5 million won at the Changwon District Court for a violation of the Road Traffic Act, and on October 17, 2014, the Defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for a violation of the Road Traffic Act.
On September 21, 2019, at around 19:55, the Defendant driven a DNA car in the state of alcohol with approximately 0.071% alcohol concentration from the 1km section of approximately 1km up to the roads under the same Cheongcheon-ro 2, Cheongcheon-ro, Cheongcheon-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.), one copy of the judgment, and application of one summary order under 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 Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, was sentenced to a fine twice due to drinking alcohol driving and a suspended sentence of imprisonment once. However, the Defendant again was under the influence of drinking alcohol driving.
However, the punishment shall be determined as ordered in consideration of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the sentencing conditions, such as the defendant's age, character and conduct, circumstances after the crime, etc.