도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
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
[criminal power] On November 11, 2013, the Defendant had three times the same kind of drinking driving force, including being sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court.
【Criminal Facts】
On June 25, 2020, at around 16:05, the Defendant driven a motor vehicle string in the state of alcohol 0.162% of blood alcohol concentration in approximately 200 meters from the front road of Gangnam-si B to the front road of Gangnam-si D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Notification and investigation report on the results of the control of drunk driving (report on the situation of a drunk driver), internal investigation report (verification of CCTV images for crime prevention), CCTV images for crime prevention, and CCTV images for crime prevention;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and requires strict punishment. While having been punished three times or more due to drinking driving prior to the instant case, the Defendant’s favorable circumstances that he/she conducted a drinking driving at once or three times prior to the instant case: the Defendant would not drive a drinking again while he/she is against the Defendant: the Defendant would not drive a drinking again. In addition, the Defendant’s age, character and behavior, environment, the background of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the various factors of sentencing