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 this judgment becomes final and conclusive.
Criminal facts
On April 14, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and a summary order of KRW 4 million for the same crime in the same court on November 30, 2012.
On October 30, 2019, at around 22:40, the Defendant driven a DNA car under the influence of alcohol level of 0.161% from the 2km section of approximately 2km from the Do in front of the C Hacheon-si C Hacheon-si B to the remote distance road of the Jinsung High School located in the Hacheon-si, the Do in front of the C Hacheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving and a report on the assessment of blood alcohol;
1. Previous convictions indicated in its ruling: Criminal history records, inquiry reports (Attachment to the previous criminal records, summary orders, etc.); Application of Acts and subordinate statutes of the summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had a history of criminal punishment several times due to drinking driving, again causes an accident where he/she was under the influence of alcohol and shocks the roadside and driving the vehicle, and the risk of such act is very high.
However, under the circumstances, such as the defendant's attitude to reflect his mistake in depth, the defendant scraped his vehicle while making the defendant not to drive a drunk, and there are no criminal records other than the previous conviction in the judgment, the defendant's age, character, character, environment, criminal records, the circumstances and results of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions in the records.