도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On August 8, 201, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Yongsan Branch's Support on August 8, 201, and on October 31, 2011, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving without a license).
【Criminal Facts】
On September 27, 2019, the Defendant driven E E E E-cubing car from around 3 km to the next apartment of Changwon-si, Changwon-si to the front road of the D Hospital located in the same Gu, while under the influence of alcohol of 0.152% of blood alcohol concentration at around 23:30,000.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though the Defendant violated the prohibition on drinking at least once.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished three times due to drunk driving, but led to the instant crime.
The blood alcohol concentration level was high, and it also caused traffic accidents.
However, the defendant recognizes and reflects the facts of crime.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.