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 11, 2009, the Defendant was sentenced to a fine of 1.5 million won by the Suwon District Court for a violation of the Road Traffic Act.
At around 19:20 on July 19, 2020, the Defendant driven a D QM6 car under the influence of alcohol concentration of about 0.184% from the 1.5km section from the front of the ridge in the Namyang-si, Nam-si, Seoul to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, reports on the circumstantial statements, investigation reports, and notification of the results of the control of drinking driving;
1. An accident site photograph;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;
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 Defendant committed the instant crime, even though he had the record of punishment for drinking driving in 200, 2002, and 2009, on the grounds of sentencing in Article 62-2 of the Criminal Act.
The blood alcohol concentration of this case is considerably high.
In addition, the defendant caused an accident that shocks the border seat on the right side of the road while driving.
In addition, considering the fact that the defendant has recognized the crime of this case, the same kind of criminal record has been recognized, but the last criminal record has been relatively old, and the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime of this case, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions