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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 4, 2017, the Defendant received a summary order of a fine not exceeding four million won due to a violation of the Road Traffic Act (drinking) from a water source method source.
Although the Defendant violated the prohibition of drinking driving regulations as above, on November 7, 2020, he again driven C Poter truck with alcohol content of about 0.134% in a section of approximately 800 meters in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul-si, and then driven C Poter truck with alcohol content of about 22:35 meters in front of the Suwon-si, Suwon-si, Suwon-si.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. The defendant's legal statement concerning the situation of the driver who is placed in the main place and the statement concerning the circumstances of the driver;
1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (report accompanied by a copy of summary order), application of a copy of summary order Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture committed the instant crime even though the Defendant was punished by a fine due to drinking alcohol for about four years, the Defendant committed the instant crime with a alcohol level of 0.134%, while the Defendant is admitted to commit the crime, there is no record of punishment except for the previous conviction in the judgment, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing as indicated in the arguments of the instant case, such as the circumstances after the crime, etc., shall be determined by taking into account the following factors.