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 October 8, 2014, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On May 9, 2020, at around 02:15, the Defendant driven an E E E-cub vehicle from the front of the C Station in Bupyeong-gu Incheon Metropolitan City, to the front of the D, Bupyeong-gu, Incheon, with approximately 700 meters alcohol concentration of approximately 0.095%.
As a result, the defendant was driving a motor vehicle under the influence of alcohol under the Road Traffic Act, even though he had a history of violating the prohibition provisions.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A traffic accident report;
1. Application of Acts and subordinate statutes to criminal records, replys to criminal records, investigation reports, and summary orders;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment with labor
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. One year and two years and six months of imprisonment within the scope of punishment by law; and
2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after