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 September 24, 2013, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on September 24, 2013, and a summary order of KRW 5 million for the same crime from the Suwon District Court’s Ansan Branch on October 12, 2017, respectively.
【Criminal Facts】
On November 28, 2019, around 01:03, the Defendant driven a F rash car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.098% from the front road in the Manan-si, Ansan-si B to the E stations in the same Gu.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Inquiry into the enemy;
1. Previous convictions in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (two cases of summary orders for the same type of suspect case);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are against the defendant's recognition of the crime, taking full account of the criminal records, blood alcohol concentration, driving distance, the defendant's age, character and conduct, environment, motive, means and result of the crime, and all the conditions of sentencing specified in the arguments in the instant case, including the circumstances after the crime, etc., the sentence shall be determined as ordered.