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 December 19, 2014, the Defendant was issued a summary order of KRW 4 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On March 5, 2020, at around 00:38, the Defendant driven a CR car under the influence of alcohol with approximately 1.5 km from the front of the main station in the vicinity of the Namyang-si, Namyang-si to the front road of the 1355-ro, Jyang-si, Jyang-si, for about 1.5 km of alcohol alcohol concentration 0.063%.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. On-site photographs of 112 reported case management lists;
1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), report on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order to be attached;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for the violation of the Road Traffic Act around 2014.
Considering the interval with the previous punishment history, the blood alcohol content of the instant case is 0.063%, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments.