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 June 25, 2010, the Defendant received a summary order of a fine of KRW 300,000 as a crime of violating the Road Traffic Act, and on September 28, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime in the same court on September 28, 2012, and was sentenced to a suspended sentence of KRW 1.5 million for the same crime in the same court on October 18, 2013.
On June 19, 2016, at around 19:10, the Defendant driven a car with a gallon in the state of alcohol alcohol concentration of about 0.248% from around 1km to the front road of the Cgallon small library located in Young-gun, Gangwon-gu, Young-gu, Gangwon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the records of the same kind of crime);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. In light of the circumstances such as the fact that the defendant was punished four times (three times of fine, one time of suspended execution) due to drunk driving, and the fact that blood alcohol concentration is very high, and traffic accidents have occurred, it is true that it is necessary to keep the defendant under quarantine in society for a long time by sentencing the defendant.
However, there are no occurrence of human life damage due to traffic accidents, the circumstances such as the fact that the defendant not only must support a wife with inconvenience due to brain-disease disorder, but also the defendant should treat the disease, such as urology, etc., and the fact that the vehicle is scrapped and the driver's license again is not to be acquired or driven, and the age, character and conduct of the defendant.