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
On March 11, 2013, the Defendant issued, respectively, a summary order of KRW 2 million at the same court on June 12, 2014 due to the same crime, as a crime of violating the Road Traffic Act, in the Gwangju District Court’s net order of KRW 5 million.
On March 22, 2018, the Defendant, at around 22:56, driven a knick-in car while under the influence of alcohol leveling 0.070% from the front of the radio point to the front of the middle school of approximately 71 on a nonline of approximately 2 kilometers from the front of the radio point to the front of the middle school.
As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of community service order and lecture order shall be determined by taking into account the following circumstances: (a) disadvantageous conditions of the defendant, such as the fact that he/she had a previous conviction of drinking, five times (three times among them are applicable to driving without a license); (b) the defendant’s disposal of the vehicle held by the defendant; and (c) favorable conditions, such as the defendant’s age, family environment; (d) the interval between criminal records and criminal records; (e) the time frame of the crime of this case; (e) alcohol concentration among the blood of the defendant at the time