도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Power】 On June 17, 2015, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on March 15, 2017, respectively.
【Criminal Facts】 Around 02:10 on May 26, 2020, the Defendant driven a 30-meter-free car under the influence of alcohol concentration of 0.121%, while under the influence of alcohol level 0.121% on the front of Suwon-gu B “C” on the road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Traffic accident reports, report on the occurrence of traffic accidents, report on the situation of the driver-employed drivers, investigation reports, investigation reports (report on the circumstances of the driver-employed drivers), and lifts as a result of the measurement of alcohol alcohol;
1. A CCTV image closure photograph, etc.;
1. Previous records: Criminal records, etc. inquiry reports and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on probation;
1. The Defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, including the previous conviction in the judgment, and the fact that there is no motive or circumstance to consider the instant crime committed is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.
Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.