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
[criminal power] On October 11, 2007, the defendant was issued a summary order of 2.5 million won by the Busan District Court for the crime of violation of the Road Traffic Act. On November 28, 2005, the defendant was issued a summary order of 700,000 won by the Seoul Central District Court for the same crime.
【Criminal Facts】
On August 7, 2020, at around 22:10, the Defendant driven a F knife car in the state of alcohol alcohol concentration of about 0.15% in the section of about 8km from the front of the C cafeteria located in Ischeon-si B to the front of the E Donju City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Report of a traffic accident by Defendant’s legal statement, on-site control photograph, etc., investigation report, inquiry report, inquiry report on the control of drinking driving, and notification of the results of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, and Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been subject to punishment several times for drunk driving, and that the defendant again committed the crime of this case, and that the defendant is in contravention of his/her duty of drinking alcohol, the distance of drunk driving, the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, criminal records and arguments, etc., and all of the sentencing conditions, including the defendant's age, character and conduct, the criminal records and arguments, shall be determined as ordered