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] On September 27, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seogsan Branch of the Daejeon District Court on August 5, 2009, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Seocheon Branch Branch of the Daejeon District Court on August 5, 2009, the summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving without a license) at the Seocheon Branch Branch of the Daejeon District Court on October 26, 2009, and the summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving without a license) at the Sejong District Court on September 17, 2010, respectively.
【Criminal Facts】
On December 4, 2014, at around 21:26, the Defendant driven a D-wing-III truck with a blood alcohol concentration of about 0.102% from the 4-5m section to the front road of the C-cafeteria located in the Sinjin-si, Seoul, to the day of the accident.
As a result, the Defendant violated it more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again drive the said cargo under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A survey report on actual condition, and a report on actual status of a driver;
1. Traffic accident evidence photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant committed the crime of this case again even though he had been punished several times, including the suspension of execution for the same crime, is disadvantageous to the defendant. Since 2010, the fact that the defendant did not have been punished for the same crime is favorable to the defendant.
The records of this case as well as the above circumstances.