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
Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time of driving motor vehicles at least twice in the past while under the influence of alcohol does not pose no substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, it is recognized as criminal facts by arranging the facts charged
On September 5, 2011 and June 16, 2012, the Defendant driven a motor vehicle under the influence of alcohol on at least two occasions, and operated a vehicle with a Hem-bopon B under the influence of alcohol level of about 500 meters at approximately 0.183%, from May 29, 2014 to the road in front of the resource recovery facility in Ansan-si located in the same Gu, for a period of at least 0:10 on May 29, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving and a report on the assessment of blood alcohol;
1. Application of a copy of each statute of summary order;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (in consideration of the fact that the defendant, while under the influence of alcohol, drives a motor vehicle while driving the motor vehicle and driving the motor vehicle again under the influence of alcohol again, and the blood alcohol concentration is very high);
1. Article 62 (1) of the Criminal Act (it means that the suspension of execution does not reflect and repeat a crime, and it does not have any record of punishment sentenced to imprisonment without prison labor or heavier punishment);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;