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] The defendant is a person who has been sentenced to the suspension of the execution of four months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Jinwon District Court on May 2, 2007, and was sentenced to the suspension of the execution of four times of drinking.
【Criminal Facts】
On February 6, 2020, at around 01:31, the Defendant driven a B Poter-II cargo vehicle with a blood alcohol concentration of about 0.055% on the road located in the Jin-si, Changwon-si, Changwon-si, Jin-si, Jin-si, Jin-si, with approximately 65km alcohol concentration from the debrising area to the Jin-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant committed the instant crime, even though he/she had the record of being punished twice due to drinking without a license for driving alcohol, on one occasion of drinking alcohol.
In the event of an accident during driving, the accident occurred.
However, the defendant recognizes and reflects the facts of crime.
The blood alcohol concentration is not high, and the records of the above crimes are relatively old, and there is no record of punishment since 2007.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.