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 became final and conclusive.
Punishment of the crime
On October 29, 2008, the Defendant received a summary order of fine of one million won due to a violation of the Road Traffic Act from the Gwangju District Court's net support on October 29, 2008, and a fine of three million won due to a violation of the Road Traffic Act (driving) in the same court on September 1, 2009.
On August 14, 2019, around 23:45, the Defendant driven a E-motor vehicle under the influence of alcohol level of 0.167% in the section of approximately 2 km from the Do in front of the apartment site B at the Macheon City, to the front of D, while under the influence of alcohol level of 0.167%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.), and application of Acts and subordinate statutes of each summary order;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentencing of Article 62(1) of the Criminal Act, based on the following factors: (a) the period of time between the defendant's criminal records of the same offense; (b) the degree of blood alcohol concentration of the defendant at the time of driving of the instant case; (c) the occurrence of the accident; (d) the driving distance of the defendant; and (e) whether the defendant reflects the defendant's family relationship; and (e