도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 September 10, 2008, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on September 10, 2008, and a fine of KRW 3,500,000 for a crime of violating the Road Traffic Act (drinking) at the credit support of the Suwon Friwon Friwon, and was sentenced to a suspended sentence of two years for a year. < Amended by Act No. 11718, Mar. 21, 2017; Act No. 1487, Mar. 21, 2017>
On November 8, 2020, the Defendant driven a DN Scoo car with approximately 500 meters alcohol concentration of about 0.114% while under the influence of alcohol from around 09:03 to around 3, 200 meters in the direction of the same city.
Summary of Evidence
The statutory application of the defendant's legal statement, criminal place, state driver's circumstantial statement, reply to a request for appraisal, and inquiry result;
1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures takes into account the unfavorable circumstances of the record of the same kind of crime on the grounds of sentencing, but the fact that the time is dead and reflects, and the fact that the driver does not drive drinking again, etc. shall be considered as favorable circumstances.
In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are determined as above.