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
【Criminal Records of Crimes】 On April 11, 2008, the Defendant was notified by the Jeju District Court of summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) and was sentenced to a suspended sentence of 1.5 million won for the same crime in the same court on September 26, 2008.
【Criminal fact-finding on February 20, 2016: (a) the Defendant driven a Do-dong car under the influence of alcohol content of approximately 0.101% from a section of about 300 meters, which is under the influence of alcohol, to the front road of the office of registration of the vehicle (Gu) in the same City/Do, located in the south-do-dong, Jeju-do around February 20, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact that alcohol content in blood at the time is higher than 0.101%, and the fact that there is a history of criminal punishment four times due to a violation of the Road Traffic Act (two times a punishment, a suspended sentence of imprisonment, and two times a suspended sentence of imprisonment): The circumstances of the instant driving, the fact that the instant driving is not caused by a traffic accident due to a simple drinking, the defendant's age, sexual behavior, environment, etc.