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
[criminal power] On May 14, 2009, the Defendant was punished by a fine of KRW 700,000 for a violation of the Road Traffic Act at the Busan District Court and a fine of KRW 1.5 million for the same crime from the Changwon District Court's Chang Branch on October 29, 2010.
【Criminal Facts】
Although the Defendant had been punished twice as a crime of violation of the Road Traffic Act, on May 18, 2014, at around 20:45, the Defendant driven a Crash vehicle while under the influence of alcohol of approximately 0.228% of blood alcohol concentration from the 50km section to the 149.8km-gun Gyeongcheon-gun, Gyeong-gun, Gyeong-gun, the Defendant was under the influence of alcohol at approximately 50km.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. In light of the fact that the probation and community service order committed the instant crime in spite of the fact that they had been able to commit the same kind of crime twice the reasons for sentencing under Article 62-2 of the Criminal Act, they committed the instant crime at the same time, they are driving on an expressway with high risk, and they actually committed traffic accidents, despite the fact that they are very serious responsibility for such crime. However, the fact that the Defendant appears to have committed the crime, and that there is no criminal record for probation or community service order, it seems that the Defendant has committed the crime, and that there is no criminal record for the probation or community service order, etc.,