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 March 17, 2017, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on March 17, 2017.
【Criminal Facts】
On October 25, 2019, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Fpoter cargo vehicle under the influence of alcohol at approximately 0.060% of alcohol alcohol concentration from around the 2km section of approximately 2 km to the front side of the entrance of the E in D, located in the C cafeteria in G, Gyeongnam Development-gun, Gyeongnam Development-gun around October 25, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the notification of the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order, one copy of 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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has a history of punishment for drinking driving in 2017, and driving a motor vehicle again;
O. Sentencing elements: The defendant acknowledges and reflects his mistake, there is no criminal records other than the one time fine, and the defendant lives together with an undecent wife.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.