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 of the final judgment.
Punishment of the crime
[Criminal Power] On June 3, 2016, the Defendant was issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.
【Criminal Facts】
Around 06:00 on July 6, 2019, the Defendant driven D K3 automobiles while under the influence of alcohol 0.095% in the section of approximately 1km from the front side of the member-gu in Ansan-si to the front side of the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of a driver under the influence of alcohol, and investigation report;
1. Report on the occurrence of the case, and report on the internal investigation;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the fact that a person drives under the influence of alcohol while having been subject to criminal punishment due to a drunk driving in 2016 are recognized as committing a crime; the fact that there is no record of criminal punishment other than the records of the above drunk driving crime; and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and the various conditions of punishment as ordered shall be determined