도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 March 10, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on August 26, 2015, the Daejeon District Court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 13, 2020, at around 21:34, the Defendant driven C 2 cargo vehicles under the influence of alcohol leveling of about 0.093% in the 20km section from the front of the convenience store located below the Jincheon-gun, Chungcheongnamcheon-si to the front of Gyeonggi-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, statement and records of the crackdown on drinking driving, the report on the situation of drinking driving, the circumstantial statement of the drinking driver, and the investigation report (the circumstantial report of the drinking driver);
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 probation and order to provide community service and order to attend a lecture, even though the Defendant had a record of drinking driving twice, he again driven a drinking alcohol again, and the blood alcohol concentration at the time was relatively high.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.