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 became final and conclusive.
Punishment of the crime
On December 21, 2019, at around 13:33, the Defendant driven a D presson vehicle with a blood alcohol concentration of about 0.090% from the 2km section from the roads in front of the Defendant’s dwelling in the Yanannam-gun, Chungcheongnam-gun, Seoul-do, to the roads in front of the Yanannam-gun, Seoul-do.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to report the occurrence of traffic accidents, actual condition survey report (1) (2), photographs at the scene of accidents, circumstantial statements of drinking drivers, investigation reports, and notification of the results of the control of drinking driving under the influence of alcohol;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Even though the suspended sentence was imposed several times for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, the nature of the crime is not weak in that it commits the same crime again.
Therefore, the punishment of imprisonment shall be imposed with prison labor, and the execution of the punishment shall be suspended at once, taking into account all the circumstances such as the background of the drinking driving, the fact that there is no punishment heavier than the fine so far, and the age, character, health, and family environment of the defendant.