도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a 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 May 7, 2013, the Defendant issued a summary order of KRW 3 million at the Gwangju District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and a summary order of KRW 700,000 for a fine of KRW 700,00 for a violation of the Road Traffic Act at the Gwangju District Court on August 7, 2009.
【Criminal Facts】
On May 28, 2019, at around 22:52, the Defendant driven a vehicle E in the state of alcohol alcohol concentration of about 0.3 km from the 22:52-on the roads near the B apartment of Gwangju Northern-gu to the roads in front of the Ddong Mine Service Center located in Gwangju Northern-gu, the Defendant driven a vehicle Ecop, while under the influence of alcohol of about 0.095%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driver's license and investigation report (report on the circumstances of the driver's license and investigation report);
1. Previous convictions before ruling: Application of inquiries, such as criminal records, and written summary order, by two copies of the relevant Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. When the sentence of Article 62-2 of the Criminal Act includes a long-term force for sentencing, a person who selected and sentenced to imprisonment at least four times prior to the instant crime shall be punished by imprisonment, taking into account the fact that he/she had the record of punishment for drinking driving;
In addition, the punishment shall be determined as per the text in consideration of the blood alcohol concentration, the background of the drinking driving, the distance and place of the drinking driving, the details of the crackdown, and the distance between the previous drinking driving record, the defendant's age, character and conduct, environment, circumstances after the crime, etc.