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
On November 22, 2007, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act, etc. in the support of the Southern District Court of the Jeonju on November 22, 2007, and on July 20, 2010, the same court was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act.
On October 13, 2013, at around 21:00, the Defendant driven B Poter Cargo Vehicles with blood alcohol concentration of 0.252% from the 15km section from the front of the Yongsan Village to the lower Poter ginseng located in the same Gun forest.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to previous records and written judgments, etc.);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture is that the defendant was punished for drunk driving, and the defendant committed the crime of this case again even though he was placed under the priority of suspended sentence due to drunk driving, etc., and the amount of drinking alcohol at the time of the crime of this case is considerably high, and the occurrence of traffic accidents during drunk driving is needed to strictly punish the defendant.
However, considering favorable circumstances such as the Defendant’s age, character and conduct, environment, and motive for committing the instant crime, circumstances after committing the instant crime, etc., the Defendant’s mistake was against the Defendant while committing the instant crime, the traffic accident was caused by a single accident, and the damage was not serious. In addition, the punishment as ordered shall be determined by taking into account all the circumstances, such as the Defendant’s age, character and conduct