도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 22, 2011, the Defendant was issued a summary order of 4.5 million won by the Ulsan District Court for a violation of the Road Traffic Act, etc., and on February 22, 2012, the Defendant was sentenced to a suspended sentence of 5 months by imprisonment with labor for a violation of the Road Traffic Act.
On March 16, 2018, the Defendant, as a person who violated the foregoing provisions on the prohibition of driving under the influence of alcohol two or more times, driven a Grand Cross Cargo in Ireland, under the influence of alcohol of approximately 0.191% in the section of approximately 100 meters from the front line of the trade name in the Ulsan-dong defense Dong-gu, Ulsan-gu to the front road of the said port.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment of records of drinking driving);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though there are many persons who had been punished for driving under the influence of alcohol of the defendant for the reason of sentencing, it again leads to the crime of this case, while the crime of this case is remarkably divided after the crime, and the driving of drinking again is not possible.
The same sentence as the order shall be determined by comprehensively taking account of the fact that the vehicle has been disposed of, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc. of the defendant, and the conditions of the sentencing as shown in the records shall be determined, and the execution shall be suspended, and social service and compliance driving lectures shall be ordered.