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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 9, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on December 9, 2013, and KRW 4 million for the same crime at the Chungcheong District Court on September 17, 2014.
On October 7, 2016, while under the influence of alcohol of 0.101% among blood transfusions, the Defendant driven a “GS25 convenience store” located near the “GS25 convenience store in Cheongju-gu” located in the Sinju-si in the same Gu from the Do in the vicinity of the “GS25 convenience store in Cheongju-gu,” up to approximately 200 meters in front of the “39 Pool” road in the same Gu.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the inquiry report and investigation report (a summary order accompanied by a summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a lecture or an order to provide community service shall take into account the circumstances unfavorable to a person who has been punished twice due to drinking alcohol due to the reason of sentencing under Article 62-2 of the Criminal Act, and one-time fine due to driving without a license.
Considering the favorable circumstances, such as the fact that the mistake is recognized later and reflected, and there is no previous conviction or more than the suspension of execution.
In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.