도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On February 23, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court’s House.
[Criminal facts] On October 29, 2020, the Defendant driven an E K7 vehicle while under the influence of alcohol leveling 0.122% of alcohol leveling from the 1km section from the front of the apartment building B to the front road located in C at Ansan-si around October 29, 2020.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of
1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment to the same type of previous convictions and the judgment),- Application of a summary order;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.
Sentencing Elements: The factors of sentencing disadvantageous to the fact that confessions and reflects, and there is no history of punishment exceeding fines: The amount of drinking alcohol is considerably high, the driving distance is not short, and traffic accidents leading to shocking the back of the vehicle which was signaled in the front direction during the driving of the instant drinking (Provided, That there was no person whose shock has been weak).