도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On October 11, 2007, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on October 11, 2007; and on April 14, 2017, the same court issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of Drinking Measures).
【Criminal Facts】
On November 21, 2019, the Defendant driven a D QM3 car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.087% in the section of approximately 100 meters from the Do in order to the front road of the same Gu, Seoyang-gu, Seoyang-gu B, Goyang-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. A previous conviction: An inquiry report, an investigation report (verification of a previous conviction), a summary order, and application of Acts and subordinate statutes on the list of related cases;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime
However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the health condition is not good, and the fact that there is no criminal record exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, family relation, character and conduct, the means and consequence of the crime, and the circumstances after the crime, etc.