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 August 25, 2015, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's support on August 25, 2015, and a summary order of KRW 4 million for the same crime in the same court on November 30, 2016.
【Criminal Facts】
Around 14:20 on June 23, 2020, the Defendant driven a motor vehicle with approximately 1.3 kilometer from the front of the Southern Navy to the front road of the same military forces, while under the influence of alcohol 0.274% of alcohol content.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous convictions in judgment: Criminal history records, inquiry reports (the records of violations of Article 44 (1) of the Road Traffic Act), copies of summary orders, and the application of two Acts and subordinate statutes attached thereto;
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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.
The defendant is a person who has been punished for drinking twice in the past.
Nevertheless, the risk of drinking driving has not been broken down, and it has caused serious danger to the safety of the general public by driving under drinking again.
At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.
However, the defendant seems to have a wrong attitude and repent, and even if so, the risk that the defendant has caused is not realized the life or body of a third party.