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 13, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 23:05, 2020, the Defendant driven a D car with approximately 20 meters section from the Gwanak-gu Seoul Special Metropolitan City's underground parking lot to the Seoul Special Metropolitan City's front street, while under the influence of alcohol concentration of about 0.152%.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the oral statement, the circumstantial statement, and the report on detection of criminal investigation reports (the report on the status of the employer drivers);
1. Criminal records as stated in the judgment: Criminal records, reply reports on criminal records, amounts of dispositions and confirmation, and application of statutes of the judgment;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the defendant had been under the direct control of the suspension of the execution of imprisonment with prison labor, due to the repeated drinking of the accident, the defendant committed the crime of this case. However, the defendant committed the crime of this case at a disadvantage to the defendant, but the distance of driving in this case is not much much, and the accident has not been led to the accident. The execution of imprisonment again is to be suspended once more favorable consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of various sentencing shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime