도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and two months.
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 March 28, 2013, the Defendant: (a) was issued a summary order of KRW 7 million for a violation of the Road Traffic Act at the Gangseo branch of the Chuncheon District Court on March 28, 2013; (b) 4 times of driving under the same kind of alcohol; (c) on July 24, 2020, from the public parking lot B in the East Sea to the road before the bus platform in the East Sea, the Defendant driven approximately 10K of the E high-speed car under the influence of alcohol level of KRW 0.149% in alcohol level from the public parking lot B in the East Sea in the East Sea to the road in front of the bus platform in the East Sea.
2. On July 10, 2020, the Defendant: (a) discovered the victim H-H-owned I rocketing car, which was running at the same time on the ground that the Plaintiff was frighting on the ground that the Plaintiff was frighting on the ground that the Plaintiff was frighting on the ground that the Plaintiff was frighting on the ground that the Plaintiff was frighting on the ground that the fright and drinking was bad, and caused damage to KRW 200,000 of the repair cost by walking the string of the said car twice.
Summary of Evidence
1. The police's statement of the defendant H in his court statement;
1. photographs related to notification of the results of the drinking driving control, investigation report on the statement of the situation of the drinking driver (a CCTV-cape and CD), and perusal of the register of motor vehicles;
1. Previous records of judgment: Application of criminal records, reply reports, and records of the control of drinking driving and other Acts and subordinate statutes;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), Article 366 of the Criminal Act (a point of causing damage to property), and choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the choice of imprisonment, taking into account the Defendant’s records of drinking alcohol driving and the degree of taking notes; (b) the confession and reflection of all of the Defendant’s crimes; (c) the Defendant’s smooth agreement with the victim of the crime of destroying property;