도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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.
Criminal facts
On September 24, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court.
On August 8, 2020, the Defendant driven an Eststren-car under the influence of alcohol leveling to 0.172% of alcohol leveling from around 800 meters to D apartment parking lots of the same city from the front public parking lot C in Mayang-si B around 03:29.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement report on the circumstances of a driver driving a drinking, a survey report on the actual condition of drinking restrictions, and a photograph on the scene of an accident;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment 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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of criminal punishment due to driving of alcohol, causes an accident while driving under the influence of alcohol again, and the risk thereof is very high.
However, the defendant would not drive drinking again while reflecting his own mistake in depth.
The defendant's attitude is visible, the defendant's attitude also appeal that he will help the defendant not drive alcohol, the defendant's attitude has no other punishment force than the previous conviction, and the defendant has been 10 years or more from the previous conviction, and the wife and her two children are responsible for supporting them, etc., under favorable circumstances, the defendant's age, sex, behavior, environment, family relationship, the circumstances and results of the crime of this case, and the conditions of various sentencing shown in the records shall be determined as ordered.