도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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 October 21, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.
On December 14, 2019, at around 23:58, the Defendant driven the CM5 car from the front of the Gtel 23:58, the GM5 car under the influence of alcohol concentration of approximately 0.19% at the 11km section from the 11km section to the 210 Health Insurance Review and Assessment Service, as the Gu of Gwangju mine to the 210 Health Assessment and Assessment Service.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as a statement of inquiry, such as criminal records, investigation report (Attachment of the same criminal records and summary order), a copy of summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant was punished by a fine for driving under the influence of alcohol and driving without a license in 2011, and the blood alcohol concentration (0.19%) was very high, and the driving under the influence of alcohol (11km) is also long so sentenced to imprisonment.
However, the execution of the sentence under Article 51 of the Criminal Act is postponed by comprehensively taking into account the defendant's age, character and conduct, environment, and circumstances after the crime, etc., that the defendant has no record of punishment except the above punishment, and the interval between the above punishment records and the time between the crime of this case is about eight years, etc.