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 September 10, 2008, the Defendant issued a summary order of KRW 2 million at the Seoul Western District Court as a crime of violation of the Road Traffic Act, and on January 6, 2014, a summary order of KRW 4 million was issued as a fine for violation of the Road Traffic Act at the Ansan District Court's Ansan Branch of Suwon District Court.
【Criminal Facts】
On July 23, 2016, at around 22:45, the Defendant driven Cenz’s car with a blood alcohol concentration of about 0.179% in a section of about 500 meters from the French land of Mapo-gu Seoul Metropolitan Government to the long distance of the same Gu.
Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate statutes;
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 (see the following reasons for sentencing)
1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are as follows: (a) even though the defendant had been punished for a total of five times or similar crimes, such as drinking driving three times, refusal of drinking alcohol measurement, etc., he/she again drives the instant drinking; (b) the blood alcohol level is considerably high; and (c) the circumstance and investigation after committing the crime are not good, etc. that the defendant committed the crime at a disadvantage of the defendant; and (d) the fact that the defendant repents his/her wrong and supports his/her family members, etc. shall be determined by taking into account the circumstances favorable to the defendant.