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
[criminal history] The defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court on February 12, 2009. On September 8, 2011, the same court was sentenced to a fine of two million won due to a crime of violating the Road Traffic Act (dacting driving) in the same court.
[Criminal facts] On March 31, 2016, the Defendant driven a BAW-pured vehicle with approximately 500 meters alcohol concentration of approximately 0.190% in blood, from the 500-meter section to the main road of the military unit located in the same Eup on the road located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous offense indicated in the principal driver's circumstantial report;
1. Written inquiry about criminal history, etc.;
1. Application of court rulings and investigative reporting Acts and subordinate statutes
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 59 of the Protection, Observation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. A suspended sentence of two years: Imprisonment with prison labor for a year (the details and numerical value of the crime, a majority of previous crimes, the age of the defendant, his sex, family relationship, etc. to be supported);