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 November 5, 2014, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on November 5, 2014, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on September 25, 2015.
On December 8, 2019, at around 21:22, the Defendant driven an Oralb while under the influence of alcohol content of about 0.050% from a 300-meter section from the front of the Defendant’s house located in Frih City B to the front road located in C in Frih City.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Statement of the results of the drinking driving control;
1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to a summary order of the same type of crime), and application of two copies of judgment under two Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The statutory punishment has been continuously aggravated due to the reasons for sentencing under Article 62-2 of the Criminal Act, the danger of drinking alcohol driving and the changes in the people's legal sentiment, etc., the defendant has been subject to a fine twice due to drinking alcohol driving in 2014 and 2015, and the defendant has been subject to a fine twice due to drinking alcohol driving in 2014 and 2015, and the defendant is against the wrongness, and the defendant has committed a crime in the form of blood alcohol concentration and other defendants' age, character and behavior, environment, family relationship, the circumstances leading to the instant crime and the circumstances after the crime, etc., shall be determined as ordered by the text of this case,