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.
Punishment of the crime
The defendant, while under the influence of alcohol on June 25, 2009 and March 12, 2012, violated Article 44 (1) of the Road Traffic Act not less than twice, and the defendant was sentenced to a summary order sentenced to a fine for a violation of the Road Traffic Act on July 24, 2009 and March 30, 2012. However, Article 148-2 (1) 1 of the Road Traffic Act punish those who violate Article 44 (1) of the same Act not less than twice (the person who drives a motor vehicle under the influence of alcohol not less than twice) and drives a motor vehicle under the influence of alcohol. Thus, it is more clear that the defendant recognizes the criminal facts by specifying the date and time of driving a motor vehicle not less than twice under the influence of alcohol, and it does not give any disadvantage to the defendant's exercise of his/her right to defense, thereby arranging the criminal facts as stated in the facts charged.
On January 26, 2014, around 01:40, at around 01:0, B automobiles were driven from around 300 meters in the section of 300 meters from the front of the Mangambling Gambling site, located in the Hanyang-gu Arts Park, 91, in the state of alcohol of 0.13%.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;
1. Application of each summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;
1. Selection of an alternative imprisonment with prison labor (the fact that the defendant has committed another same crime even though he/she had a record of being sentenced to a fine twice after driving a motor vehicle under the influence of alcohol);
1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account the fact that the defendant is in deep reflect on his/her depth and that he/she has no record of punishment heavier than imprisonment without labor
1. Order for community service and attending lectures;