도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 29, 2016, a summary order of KRW 3 million for the same crime from the branch court of the Changwon District Court to the branch court of the Changwon District Court.
On October 8, 2020, the Defendant driven a scoo car in E while under the influence of alcohol content of about 0.043% in a section of about 400 meters from the C's adjacent road in C, which is located in C, to the roads adjacent to D's underground roadway, to D's underground roadway.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to a defendant's legal statement alcohol driving control report and other inquiry about criminal records (A), such as criminal records, and application of investigation report (Attachment of a copy of summary order);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (opportune of imprisonment) concerning the crime, and Articles 53 and 55 (1) 3 of the Criminal Act to reduce the small amount of punishment;
1. The grounds for sentencing under Article 62(1) of the Criminal Act, Article 62-2(1) of the Act on the Suspension of Execution, Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined as follows: (a) taking into consideration all the circumstances including drinking, drinking level, criminal records due to the same kind of crime before the defendant, the family relationship of the defendant, and economic condition