도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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 May 27, 2010, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. in the support for the development of a water source method, and on February 9, 2018, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving) in the support for the development of a water source method.
[2] On August 11, 2020, the Defendant driven a CT-gu car at a section of about 4 km from the front side of the Simpo-Gun apartment building B, Simpo-Gun, Simpo-Gun, to the front road of the stop stop, which is located in the 10th day of Simpo-Gun, under the influence of alcohol level of 0.240% among blood transfusion around 22:33, 2020.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and next inquiry;
1. Previous convictions in judgment: Application of each of the four-class Acts and subordinate statutes of the judgment, such as a reply to inquiry, reporting on the minor conviction before and after the disposition;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. are against the defendant's recognition of the crime, the defendant's criminal records, the amount of alcohol level during blood transfusion, driving distance, the circumstances leading to detection, and other criminal defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.