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 December 30, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 30, 2008. On July 2, 2009, the same court was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving).
Nevertheless, at around 00:01 on August 10, 2020, the Defendant driven D QM6 car from the entrance of the G apartment complex in Gwangju-si to the front ground parking lot in the same apartment complex from the entrance of the G apartment complex in Gwangju-si to about 150 meters.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Report on the status of driving under the police report on the defendant's legal statement E, report on the status of driving under the influence of alcohol drivers, report on the situation of driving under the influence of alcohol drivers, report on the results of the influence of alcohol drivers, copy of the ledger of use of drinking meters, written records, photographs at the time of measurement, driver's license register, vehicle driving certificate register, vehicle inquiry, mandatory insurance, notification to the department related to the report in the case of 112, and previous records as stated in the ruling
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Suspension of Execution Act includes two times the criminal records of drunk driving, risk and necessity of punishment, the fact that the defendant recognizes and reflects a high blood alcohol concentration, the fact that the defendant conducts a drunk driving in an apartment complex at the expense of a proxy driver and a fee, there are circumstances to consider the circumstance that the defendant conducts a drunk driving in an apartment complex, the fact that the defendant's records of drunk driving had been ten years ago, the defendant has no other criminal records, the fact that there are no other criminal records, and the sentencing conditions under Article 51 of the Criminal Act are shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.