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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 10, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on May 10, 201, and on August 9, 2012, the Busan District Court was sentenced to a suspended sentence of two years for a year for a crime of violating the Road Traffic Act.
Although the Defendant had been punished twice due to drinking driving, on April 14, 2018, around 23:25, the Defendant driven B Go-Jon III while under the influence of alcohol content of about 0.148% at the 4km section in front of the files of the U.S.-U.S.-U.S.-U.S.-U.S.-U.S., U.S., U.S., U.S., U.S., 201.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving under drinking, making a statement on the situation of the driver under driving under drinking, making an investigation report (report on the situation of the driver under driving under drinking), and making an inquiry about the criminal history, and applying Acts and subordinate statutes to a report on investigation (Attachment
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. Taking into account the fact that, in light of the defendant's criminal records for the reason of sentencing, observation of protection, order to attend lecture and order to provide community service and Article 62-2 of the Criminal Act, the defendant should be punished by strict punishment, but the defendant's previous criminal records prior to the previous criminal records for not less than five years, etc.
In addition, in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol during blood, the age, sex, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.