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.
Criminal facts
On March 29, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on March 29, 201, and a fine of KRW 1.5 million for the same crime in the Busan District Court’s Dong Branch Branch Branch on July 28, 2014.
On November 1, 2019, at around 23:25, the Defendant driven a Category of D QM3 car at the distance of approximately 0.156% alcohol level in the section of about 100 meters from the private distance intersection near the unmanned telecom through the B unmanned telecom parking lot to the front of the C unmanned telecom.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), application of Acts and subordinate statutes governing summary orders;
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 Act is that the driving of a person under the influence of alcohol again while under the influence of alcohol even though the defendant had a record of criminal punishment twice due to drinking driving is negative
However, under the circumstances, such as the fact that the defendant seems to have a attitude to refrain from driving under the influence of alcohol again while reflecting his/her mistake, that he/she is responsible for supporting his/her wife and her two children, and that he/she has no record of punishment exceeding the fine, the defendant's age, character, character, environment, criminal history, background and result of the crime of this case, and the circumstances after the crime, etc., the punishment as per the disposition shall be determined by comprehensively taking into account various factors of sentencing indicated in the record.