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 December 12, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 12, 201, and a summary order of KRW 1 million for the same crime in the same court on February 8, 2012.
【Criminal Facts of Crimes】 On February 13, 2019, the Defendant driven a DNA bluri-ri car in the state of alcohol alcohol concentration of about 0.196% from the 500-meter section from the front road of Yongsan-gu, Manyang-si to the front road of the same Gu C at approximately 500 meters.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, an investigation report, an appraisal report on blood alcohol, and notification of the results of the control of drinking alcohol (after collecting blood from a drinking driver);
1. Previous record of judgment: Application of one copy of the criminal record, reply note, and summary order, respectively;
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 under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine twice due to drunk driving, but re-driving a motor vehicle.
On the other hand, it is against the defendant's wrong recognition.
Alongly, it was limited to a simple drinking driving without any human or material damage.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct