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
On December 20, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Changwon District Court on December 20, 201.
On August 22, 2020, around 01:45, the Defendant driven a D-burged car with alcohol content of about 15 meters from the front side of 3-4 D-dong apartment C-dong, Haan-gun, Gyeongnam-gun, Gyeongnam-gun, to the front side of the entrance of the said apartment C-dong to the front side of the said apartment C-dong, while under the influence of alcohol content of 0.06%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at the main place of business, investigation report (report on the situation of the driver at the main place of business), and the table of the case to be reported;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 Act was that the Defendant had been punished three times for drinking alcohol driving and one time for refusing to measure drinking, resulting in the instant crime.
The number of violations of traffic laws and regulations is frequent, such as being punished four times by driving without a license (such as refusing to measure drinking once).
However, the defendant is recognized as committing a crime and is against the law.
statement is made.
It is also necessary to consider that the driving distance is short, but it is only the result of detection.
Most of the criminal history of the same kind is old.
In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.