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 March 18, 201, the Defendant issued a summary order of KRW 3.5 million at the Suwon District Court on March 18, 201 to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and on May 23, 2013 at the Suwon District Court on May 23, 201, respectively.
【Criminal Facts】
On March 24, 2019, the Defendant violated Article 44(1) of the Road Traffic Act at least twice as stated in the criminal records, and driven a Dbenz car under the influence of alcohol 0.146% in the section of about 1.4 Km of alcohol, from the day on which the Defendant was active duty-on the upper road of the Suwon-si, Suwon-si to the front road of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant driven a Dbenz car under the influence of alcohol 0.146%.
Summary of Evidence
1. Defendant's legal statement;
1. A performance-based driver report and a record of measurement;
1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. The sentence of suspended execution shall be imposed, considering the fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures, was sentenced to imprisonment in consideration of the fact that he/she had been punished several times for drinking driving in 2008, refused to measure drinking in 2009, and carried out drinking driving again in 201 and 2013, and that he/she had no record of punishment exceeding the fine prior to the instant crime, etc.
The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.