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
[criminal history] On April 13, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a violation of road traffic law at the Busan District Court’s branch branch branch branch (dacting driving). On March 10, 2016, the Defendant was sentenced to a fine of 1 million won for a violation of road traffic law (dacting driving) at the Busan District Court’s Busan District Court.
[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven C Trate XG vehicles at the section of approximately 100 meters from the street in the vicinity of the Cratium located in Busan Metropolitan Transportation Daegu to the front of the same Sim apartment, while under the influence of alcohol at around 01:06, around July 2, 2018, the alcohol level of around 0.092% from the blood alcohol level.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous conviction: A written reply to inquiry, such as criminal history, etc.
section 3.
However, according to the evidence above, the defendant's vehicle was parked in the middle of the road to the extent that it obstructs the passage of other vehicles from the front of the front apartment of the city apartment, the time operation of the vehicle was turned on, and the defendant was divingd at the driver's seat, and there was a vehicle parked by the defendant.
The application of Acts and subordinate statutes can be recognized as a fact, etc., which is about 100 meters away from the place of memory, and all facts charged can be recognized.
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;