도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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 July 31, 2013, the Defendant issued a summary order of one million won to a fine for a violation of the Road Traffic Act at the Jeonju District Court on July 31, 2013, and a summary order of three million won to a fine at the same court on December 7, 2015.
Nevertheless, at around 01:01 on June 20, 2020, the Defendant driven D-TG car under the influence of alcohol 0.171% in a section of approximately 100 meters from the 100-meter radius to the front roads of C located in the same Gu, Song-gu, Seoul Special Metropolitan City.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant’s legal statement and notification as a result of the drinking control, and report on his circumstantial statement;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the court shall sentence orders as ordered by taking into account the defendant's records of drinking alcohol driving, the defendant's blood alcohol concentration and drinking driving distance, the situation at the time of the crime of drinking alcohol driving as indicated in the judgment (the police's drinking control was discovered), the defendant's previous conviction relation (no criminal record other than the market force), the defendant's age, character and behavior, environment, and circumstances after the crime (including reflective attitude) and other various sentencing conditions shown in the trial process.