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
On November 10, 2010, the Defendant issued a summary order of KRW 1 million to the Cheongju District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million to the Daejeon District Court for a violation of the Road Traffic Act, on April 23, 2012.
On January 25, 2020, at around 07:25, the Defendant driven a CMW 530i car in the state of alcohol alcohol concentration of about 0.137% from the 1km section of approximately 1km to the roads in front of the same Gu B apartment parking lot located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.
As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of a statement of the state of drinking drivers, and the control results of drinking driving;
1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports (report attached to the same kind of power), and summary orders;
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. The reason for sentencing under Article 62-2 of the Criminal Act requires the strict punishment of the defendant in light of the fact that the defendant committed the crime of drinking again even though he/she had a previous conviction twice.
However, it is difficult to say that the defendant was unable to repeat the crime while committing a crime against the wrongness, and that the criminal records of the above drunk driving are both fines before 2012 and the defendant has no criminal record exceeding the fine. In full view of the blood alcohol concentration and driving distance of the case, the defendant's age, character and conduct, and circumstances before and after the crime, etc., the suspension of execution is ordered under the condition of the order to attend a lecture, and the sentence is determined as ordered by the order to attend a lecture.