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 of the final judgment.
Punishment of the crime
[criminal power] On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor for one year, two years of suspended execution, and two years of suspended execution on July 8, 2010 by the above court on the following grounds: (a) the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court; (b) the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act.
【Criminal Facts】
On May 17, 2019, the Defendant, who violated two or more provisions on the prohibition of driving under the influence of alcohol, driven a DPoter Ⅱ in the state of under the influence of alcohol with approximately 1.2k alcohol concentration of about 0.208% at a section of approximately 1.2km from the road near the Southern District of the Gangnam Police Station located in Gangseo-si, Gangnam-gu, Seoul, to the road near the location C in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. [Investigation Report (Attachment of photographs, such as a control site), - On-site photographs]
1. 112 reported case handling table;
1. Previous records of judgment: Criminal history records, inquiry reports [Attachment to investigation reports (verification of suspect's records of drinking alcohol driving), two copies of judgment, and four copies of summary order], report on results of confirmation before disposition, and application of Acts and subordinate statutes to report the date of release;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;