도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 27, 2011, the Defendant is a person who has been sentenced to a suspended sentence of two years for the six-month period of imprisonment with labor for a violation of the Road Traffic Act, etc. at the Changwon District Court Msan Branch on the following five occasions in total:
On July 24, 2020, at around 01:00, the Defendant driven a rocketing car in the state of alcohol of about 0.113% of blood alcohol concentration from around 100 meters to around 100 meters in front of the apartment house C, which was around 01:00.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished four times for drinking without a license for drinking, and the Defendant had been sentenced two times of suspended sentence of imprisonment or imprisonment, which led to the instant crime even though the Defendant was sentenced to suspended sentence.
The blood alcohol concentration is also high.
However, the defendant stated that he is aware of and against the facts of crime.
Since 2011, there is no record of being discovered by drinking driving, and the driving distance is relatively short.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.