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 Power] On July 31, 2015, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on July 31, 2015
【Criminal Facts】
On March 18, 2020, at around 22:06, the Defendant driven C Lata car under the influence of alcohol content of about 0.071% at the 2km section from the road in front of the Defendant’s house located in G apartment in the fast-si B apartment to the road in front of the same city located outside the mountain.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report as a result of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. In light of the fact that the case was repeated despite the existence of the same kind of criminal records as the grounds for sentencing under Article 62-2 of the Criminal Act, the sentence like the order of probation and education is imposed in consideration of various circumstances, including the defendant’s age, character, conduct, occupation and environment, criminal records, motive and circumstance of the crime, and circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case.
It is so decided as per Disposition for the above reasons.