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 July 30, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch on July 30, 2007, and on January 16, 2015, the same court issued a summary order of KRW 1.5 million for the same crime.
【Criminal Facts】
On September 12, 2019, the Defendant driven a E-motor vehicle under the influence of alcohol content of about 0.141% from the 10km section to the front road of the Defendant’s residence located in Tong Young-si, the Defendant driven the E-motor vehicle under the influence of alcohol content of about 0.141%.
Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement;
1. The circumstantial statement report, investigation report, blood collection consent and confirmation document, and investigation report (in respect of the video files of reference witnesses, with respect to the video files);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of criminal punishment records, etc. of suspects), and 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. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's records of punishment of the same crime for sentencing under Article 62-2 of the Criminal Act, the place, distance and numerical value of drinking driving of this case, attitude at the time of crackdown, etc., which are very unfavorable to the defendant, or the defendant has been against this law, and the former has no record of punishment of suspended sentence of imprisonment or heavier, etc.