도로교통법위반(음주운전)
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On February 15, 2008, the Defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act at the Incheon District Court on February 15, 2008; on July 28, 2009, the above court issued a summary order of 2.5 million won as a fine for the same crime; on February 21, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Daejeon District Court.
The Defendant, as above, has violated Article 44(1) of the Road Traffic Act more than twice and once again driven a CSpo-type car under the influence of alcohol content 0.145% from a 500-meter section to the Pospo-si road located in the Pospo-si B apartment on December 3, 2016, which is located in the Maspo-type located in the Maspo-si from the front side of the B apartment in Busan Metropolitan City to the front side of the Maspo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. On-site photographs;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the confirmation of criminal history of the same kind);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Act, including the type, degree and risk of the instant crime, the criminal records of the Defendant’s criminal punishment (which can be attached to this case), the recognition and reflect of the Defendant’s crime, and other circumstances shown in the instant trial, including the Defendant’s age, sex behavior, environment, and details of the crime, shall be determined as ordered by taking full account of the following circumstances.