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 September 26, 2008, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
At around 22:50 on October 12, 2019, the Defendant driven the DCA 110 motorcycle in a state of alcohol alcohol concentration of about 0.113% in the section of about 30 meters from the front road of the Suwon-si, Suwon-si to the front road of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, report on the state of respiratory measurement, and notice of the result of drinking control;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant re-driving the instant drinking water even though he/she had the same force.
However, the fact that the error is against the defendant, there is no previous conviction exceeding the fine, the driving distance is short, the personal and material accidents at the time of the instant case do not occur, the license is cancelled, and it appears that the living of the defendant would be impeded, and the punishment shall be determined as per the order, taking into account all the sentencing conditions specified in the records and arguments of the instant case, such as the defendant's age, character, career, environment, circumstances and result of the crime, and circumstances after the crime.