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
1. On June 11, 2009, the Defendant was sentenced to a summary order of 2.5 million won by a fine due to a violation of the Road Traffic Act, etc. by the same court, and on July 19, 2012, the same court was sentenced to a suspended sentence of 2.5 million won by imprisonment with prison labor for a violation of the Road Traffic Act.
2. Around 17:50 on February 8, 2019, the Defendant driven a D freight vehicle under the influence of alcohol concentration 0.185% from the Defendant’s dwelling at the Cheongju Civil Petitions B to the front of the Cheongju Civil Petitions C.
Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and summary orders;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order recognized the crime of sentencing under Article 62-2 of the Criminal Act and is inconsistent with the erroneous judgment, not repeated driving in a short period, and the occurrence of serious consequences, such as traffic accidents, etc., the Defendant’s age, character and behavior, motive of crime, family relationship, blood alcohol concentration in this case, the higher degree of criminal records, necessity of strict punishment for drunk driving, risk of recidivism, and all other circumstances constituting the sentencing conditions specified in the records and arguments of this case, including the record and arguments of this case, shall be determined as the sentence as ordered.