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 Records] On August 29, 2008, the Defendant was issued a summary order of KRW 700,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act.
[Criminal Facts of the crime] On July 24, 2020, the Defendant, while under the influence of alcohol of 0.132% of blood alcohol level around 23:39, 0.132%, driven a bus stop in the area near the international passenger ship terminal near the bus stop located in Jeju-si, 191 at Jeju-si, and violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of the driver with the driver with the driver with the driver's license, investigation report, inquiry into the results of the crackdown on the driver with the driver with the driver's license, and report on the accident; and
1. Each image of an accident site photograph;
1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes attached to a summary order of the same kind of power prepared by the prosecution (including attached documents);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced] 1 year or one year and six months (in the case of discretionary mitigation) : The defendant has a record of being issued a summary order of a fine of two million won by the Jeju District Court on March 27, 2001 due to the violation of the Road Traffic Act by the Jeju District Court on March 27, 201, and the defendant is under the influence of drinking driving.