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
1. On July 5, 2015, the Defendant driven a CDamp vehicle at the section of about 10 meters of the front road, under the influence of alcohol on July 5, 2015, at around 18:24, the blood alcohol concentration of 0.240%.
2. On July 11, 2015, the Defendant is a person who had been sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the credit support of the Suwon District Court on December 17, 2009, and has been in violation of Article 44(1) of the Road Traffic Act on two or more occasions, including a drunk driving as stated in paragraph (1).
On July 11, 2015, at around 16:50, the Defendant driven the Damp vehicle at a section of about five meters at the entrance of the underground parking lot for 100-7 Jinaro-ro Gamba (6j) with the alcohol level of 0.171% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The actual investigation report on each traffic accident;
1. On-site photographs, on-site photographs, vehicle photographs, and on-site photographs at the time of the accident;
1. A report on detection of each host driver;
1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;
1. Relevant Article of the crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of drinking), Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of drinking alcohol by a person who has been able to drive under the influence of alcohol not less than twice), the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant was arrested as a flagrant offender on July 5, 2015 without being aware of the fact that he was released due to drinking driving on July 11, 2015, he was convicted of the same suspended sentence, the fact that he was guilty of the same suspended sentence, the fact that he was high blood alcohol, the short distance of movement, the fact that he is contradictory, the fact that he is not required to drive a motor vehicle, and the defendant and the defendant will move to an occupation that is not necessary to drive a motor vehicle.