도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 29, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on September 29, 201; on March 29, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court on March 29, 201; and on July 15, 2013, the Defendant was sentenced to a suspended sentence of two years for a year.
On April 24, 2017, at around 22:15, the Defendant driven a BS-type car under the influence of alcohol concentration of approximately 0.126% in the area of approximately 800 meters from the front line of a mutually influent restaurant located in the Ulsan-dong defense Dong-gu, Ulsan-gu to the front road of the Hyundai Heavy Industries Marine Business Headquarters, located in the same defense-based circular 400 (defense Dong).
Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at home;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
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 (referring to the part of favorable circumstances for sentencing as follows):
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and order to provide community service and order to attend lectures: The confession and reflectability, and the interval between the final criminal records and the final criminal records;
(i) Unfavorable circumstances: The fact that there are many previous convictions for driving alcohol and driving without a license, and the punishment repeated is not fixed, etc.;