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.
Punishment of the crime
On May 18, 2012, the Defendant received a summary order of KRW 700,00,000 as a crime of violating road traffic law (drinking driving) from the Daejeon District Court Branch.
On October 19, 2020, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of about 0.131% in the section of about 10km from the 10km to the front road of the C-U. 213.6km located in the B-U. M. Sinsan-si, Seosan-si, Seosan-si.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes of summary order;
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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a motor vehicle on a new wall to enter an expressway by driving the motor vehicle on a significant drinking condition of 0.131% of alcohol level in blood alcohol, even though the Defendant had been charged twice a fine due to driving of alcohol.
Although accidents have not occurred frequently, it is highly dangerous act.
The defendant's mistake and reflects his own mistake, and the fact that there is no other penalty record than the previous criminal records of each of the above fines shall be considered in favor of the defendant.
In addition, all the sentencing factors specified in the arguments of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered by the text.