도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On March 18, 201, the Defendant issued a summary order of KRW 2.5 million at the Seoul Eastern District Court for a violation of the Road Traffic Act. On July 14, 2017, the Defendant issued a summary order of KRW 5 million on the site of Suwon District Court for a violation of the Road Traffic Act.
【Criminal Facts】
On October 19, 2018, at around 21:16, the Defendant driven a B Sti-type car under the influence of alcohol leveling to approximately 0.190% of alcohol level 0.190% from the restaurant located in the hemp area in the Young-gu, Young-gu, Young-gu to the road adjacent to the 2km area in the same Young-gu, Young-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal records, investigation reports (Attachment to the same criminal records and summary orders);
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. As indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the Defendant was punished by a fine for two times or more or more drinking driving, and one of them was punished by a traffic accident, the distance between the previous drinking driving force and the previous drinking driving force, driving a vehicle while driving the vehicle under drinking, and driving the vehicle on the road while driving the vehicle without any personal damage. However, even if the instant crime was prevented by causing traffic accidents, even if considering the circumstances asserted by the Defendant and his/her defense counsel, it is difficult to select a fine up to this point by the punishment corresponding to the Defendant’s act, even if considering the circumstances asserted by the Defendant and his/her defense counsel, etc.
The order shall be made in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.