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 June 25, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Southern District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, a summary order of KRW 700,000 as a fine of KRW 70,000 for the same crime from the Jung-gu District Court on January 16, 2008, and a summary order of KRW 2 million as a fine of KRW 5,00 for the same crime at the Seoul Southern District Court on June 5,
【Criminal Facts】
On November 22, 2019, around 07:20 on November 22, 2019, the Defendant driven a Dco-type sports truck under the influence of alcohol concentration of about 0.101% at the section of approximately 2km from the Gyeyang-dong Seoul Metropolitan Government to the roads before the public parking lot located in Yangcheon-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, a report on the circumstances of a drinking driver, a report on the control results of drinking driving, and a statement on the occurrence of a traffic accident;
1. Previous convictions indicated in the judgment: A of criminal records, etc. inquiry report (A), copy of summary order (Seoul Southern District Court Decision 2007 High Court Decision 2007 High Court Decision 13218, and copy of summary order (Seoul Southern District Court Decision 2012 High Court Decision 7438) shall be applied
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.