도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Punishment of the crime
On June 1, 2007, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on June 1, 2007, and on November 18, 2009, the Defendant was issued a summary order of a fine of three million won for the same crime in the same court.
[2] On June 26, 2018, the Defendant driven a B-e-sports motor vehicle at the section of about 30 meters from the front side of the “Greshing Party” located in Jinnju-dong at Jinju-dong to the front side of the “Sreshing actual cost” located in Jinju-dong, while under the influence of alcohol level of 0.161% among blood transfusion around 22:00.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the social service order: Confession of the same crime - Circumstances favorable to the same crime: The confession of the crime, reflectivity, or the suspension of execution