도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 18, 2011, the Defendant was sentenced to a suspended sentence of two-year imprisonment in the Seoul Southern District Court for the following reasons: (a) the Defendant was sentenced to a suspended sentence of two-year imprisonment for violating the Road Traffic Act.
Nevertheless, at around 16:44 on October 29, 2019, the Defendant driven a Doz E300-car from the Cheongju-si Parking Area B to the front road of the Cheongju-si, Goju-si, Goju-si, Goju-si, Goju-si, with a alcohol content of 0.134% of alcohol content.
Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Inquiry statements and application of the statutes governing the judgment;
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. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act include the defendant's records of driving without a license for drinking alcohol (in addition to the driving force on the market, the driving force on April 23, 2003, the driving without a license on July 21, 2003, the driving without a license on November 2, 2004, and the driving without a license on November 2, 2004: Provided, That there is no record of punishment for driving without a license after August 201, 200), the defendant's blood alcohol concentration and the distance of driving at the time of the driving under the influence of alcohol, the circumstance leading to the driving under the influence of alcohol, and the situation at the time of the driving under the influence of alcohol (the situation of the driving under the influence of alcohol or the occurrence of traffic accidents), the defendant's age, character and behavior, environment, the circumstances after the crime (including the attitude of reflect), and various conditions of sentencing as stated in the order of public trial.