도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 28, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by committing a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 28, 2008, and a summary order of KRW 1.5 million by the same court on June 7, 2011, and was sentenced to a summary order of KRW 1.5 million by the same court on April 28, 201.
On December 26, 2019, at around 21:12, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.035% from the 15km section to the front road of the same city in the vicinity of the dwelling in Pakistan-si B.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are already three times of drinking, and in particular, considering the unfavorable circumstances that the Defendant had a history of having been suspended from the execution of imprisonment in 2017, considering the fact that the Defendant had a history of being sentenced to imprisonment for a year of 2017, the amount of drinking in this case is not high, and it appears to be the so-called prior to working in the course of work for a shift work, it is against the fact that the Defendant appears
In addition, the sentence shall be determined as ordered and the execution thereof shall be suspended, but probation, etc. shall be added, by comprehensively taking into account all the factors of sentencing revealed in the course of investigation and trial, such as the defendant's age, social life relationship, background leading to the crime, circumstances before and after