도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 January 16, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for a crime of violating the Road Traffic Act, and on October 22, 2013, the Defendant was issued a summary order of KRW 3.5 million with the same crime at the Jung-gu District Court.
【Criminal Facts of Crimes】 On June 11, 2020, the Defendant driven a DNA Track Motor Vehicle from the section of about 50 meters from the front side of Gangseo-gu, Seoul to the front side of the same Gu, while under the influence of alcohol 0.178% of alcohol level around 22:20%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements (E), reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);
1. Criminal records as stated: Application of criminal records, inquiry reports, and copies of summary order 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.
The defendant's blood alcohol concentration is very high.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
The distance from which the defendant was driven under the influence of alcohol shall not run.
Defendant supports elderly parents.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.