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 June 29, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on the charge of violation of the Road Traffic Act, and on May 2, 2011, the Defendant issued a summary order of KRW 2 million to a fine at the Changwon District Court on the charge of violation of the Road Traffic Act.
On September 15, 2020, the Defendant driven an Epoter II cargo vehicle under the influence of alcohol content of about 0.153% from a 500-meter section from the front of the C Burial in Kimhae-si, Kimhae-si, to the front road in the Kimhae-si, Kimhae-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records as stated in the report on the statement of the situation of a drinking driver, investigation report, and previous records as stated in the report on the results of the control of drinking driving: Application of criminal records, inquiry records, and criminal records under Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 of the Order to Provide community service and attend lectures has already been two times or more of the criminal records of drunk driving again, and the defendant's blood alcohol concentration was considerably high at the time of the crime of this case, and the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions that are present at the records and arguments of this case shall be determined as ordered by considering the following factors.