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 January 20, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on January 2009. On June 24, 2015, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
On August 12, 2020, at around 21:15, the Defendant driven a F NAS car in the state of alcohol alcohol concentration of about 0.051% at the section of approximately 700 meters from the front of C in Jinju-si, to the front of E in Jin-si, Jin-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation 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 records: Application of criminal records, inquiry reports and summary order-related 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant again committed the instant crime despite the fact that he had been punished twice due to drunk driving.
However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive of the crime and circumstances after the crime, shall be determined in full view of the fact that there is no previous conviction exceeding the fine, the blood alcohol concentration of the defendant at the time of driving, driving distance, and other circumstances of sentencing as shown in the records and arguments of this case.