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
[criminal power] On November 8, 2006, the Defendant was issued a summary order of KRW 2 million at the Suwon District Court’s House for the violation of the Road Traffic Act (driving). On September 13, 2018, the Defendant was issued a summary order of KRW 3 million as a fine for the violation of the Road Traffic Act (driving) at the leisure branch of the Suwon District Court.
【Criminal Facts】
On May 7, 2019, at around 22:39, the Defendant driven B Coina vehicle under the influence of alcohol content of approximately 0.108% from the 2km section to the front road of the bus stops located in the 31st 00 knife-si, Gando, which is located in the 0.108% mnife-si, Gando.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement made his/her oral statement, the investigation report, the records of the measurement of drinking, and the inquiry into the results of the crackdown on drinking driving;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a meeting was that the Defendant re-driving the drinking alcohol again even three times, and was also high in blood alcohol concentration at the time of committing the crime.
However, the section of drinking driving was relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.