도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
[criminal power] On July 28, 2008, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Incheon District Court Branch on July 28, 2008, and received a summary order of KRW 4 million for the same crime from the Incheon District Court on July 25, 2018.
【Criminal Facts】
On March 20, 2020, at around 21:29, the Defendant driven a Fpoter 2 cargo vehicle with approximately 500 meters alcohol concentration 0.177% while under the influence of alcohol at approximately 0.177% from the direction of the E stop (Seoul bank) located in Seocheon-si B to the road located in Seocheon-si D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Report on the legal statement of the accused, the status of his driving under the influence of alcohol, the notice of the control of his driving under the influence of alcohol, and the circumstantial statement;
1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same-class judgment), and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.
In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in around 2018 (hereinafter referred to as a fine), since he/she committed the same crime at once, he/she cannot be deemed to be less liable.
However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.
It is so decided as per Disposition for the above reasons.