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 January 17, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang branch on January 17, 2013; on February 22, 2013, the same court issued a summary order of KRW 4 million for the same crime; on September 11, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) in the same court.
On August 16, 2015, at around 18:35, the Defendant driven a D Sspoon car with a blood alcohol concentration of 0.056% under the influence of alcohol on the front side of the Gspoon-Eup, etc.
As a result, the defendant was punished twice or more for the violation of the Road Traffic Act, but he was driving a motor vehicle under the influence of re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record indicated in the circumstantial report of a host driver;
1. A statement on criminal records, etc.;
1. Application of the Acts and subordinate statutes to each investigation report, the failure to take the action, and the results report;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.
3. Determination of sentence: Imprisonment with prison labor for one year and two years of suspended sentence, and the crime of this case, which is committed during the period of suspended execution due to the same crime, shall not be shorter than that of the crime;
However, in consideration of the circumstances leading up to driving under the influence of alcohol in the instant case (e.g., drinking at the opening of a show room before marriage), drinking alcohol, and misunderstanding, etc., a sentence like the order shall be imposed by again making the disposition of suspension of execution as well as by making the disposition of edification in the society to prevent recidivism.