도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On February 16, 2009, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Housing Site, and on November 29, 201, the Defendant was sentenced to a suspended sentence of KRW 1 million for six months for the same crime. < Amended by Act No. 11035, Nov. 29, 201>
【Criminal Facts】
Although the Defendant violated the prohibition of drinking driving at least twice as above, on March 18, 2019, the Defendant once again driven a motor vehicle with Down alcohol level of about 0.127% at the section of about 10 meters from the 22:20m street parking lot in the Bransung City to the vicinity of the same Si building.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions: Application of criminal records, repeated statements, copies of summary orders, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the order to attend a lecture has a record of five times punishment due to drinking driving, and the defendant has been sentenced to a suspended sentence, but the defendant also made the drinking driving in this case.
However, there are favorable circumstances such as the fact that the defendant repents his mistake, the 4 times of the above previous and the above previous and the 4 times of the previous and the 2011 has no record of being punished for drinking driving, and the situation that driving a substitute driver at the time of the case is driving a short distance of about 10 meters, and there are circumstances that can be considered in the circumstances.
In addition, the above circumstances comprehensively consider various factors of sentencing, such as the defendant's age, family relations, and circumstances after crimes, a suspended sentence of imprisonment is imposed on the defendant under the condition of community service, etc. as ordered.