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 May 16, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on October 16, 2012, respectively.
【Criminal Facts】
On December 10, 2018, at around 22:45, the Defendant driven E-Poter cargo in the state of alcohol of about 0.104% alcohol concentration from the 2km section of approximately 2 km from the front day of the package jun in the north-gu Seoul, Gwangju, to the front day of the Dap in the same Gu C and the front road.
As a result, the defendant, who has violated the prohibition of drunk driving (Article 44 (1) of the Road Traffic Act) not less than twice, was driving again as above.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the result of crackdown on drinking driving;
1. Previous record: Application of a reply to inquiries, such as criminal records, investigation report [including confirmation of the past record of the same kind of punishment (including a copy of the summary order attached)] statute;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. To select imprisonment with prison labor for the punishment corresponding to the defendant's act at once, taking into account the defendant's records of drinking driving (including the criminal records at the time) with the reason of sentencing under Article 62-2 of the Criminal Act;
Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.