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.
Criminal facts
Some of the facts charged were corrected.
On October 24, 2014, the Defendant received a summary order of KRW 5 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the Seoul Central District Court on May 25, 2016.
Although the Defendant violated the prohibition of drunk driving regulations twice or more, on April 6, 2019, at around 00:30, the Defendant driven a e-car at a level of about 50 meters for the front of the D-W road located in the same Gu C, Sungnam-gu, Sungnam-si, Seoul, with a blood alcohol concentration of 0.19%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver (10 pages of investigation records), inquiry into the results of crackdown on drinking driving, and written appraisal;
1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);
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. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures was that the Defendant was punished by a fine around 2014 and around 2016, but the Defendant again driven SUV vehicles in the state of drinking alcohol concentration of 0.19%.
At the time, the blood alcohol concentration of the defendant was 0.134% even based on the pulmonary test result.
The main circumstances are to be taken into account, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no other criminal records other than the above fine, and the defendant has no other criminal records, and the defendant's age and character, environment, motive, means and consequence of the crime, etc. are to be determined as ordered in consideration of the circumstances after the crime.