도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two months.
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
On December 10, 2007, the Defendant received a summary order of KRW 4 million from the Jeonju District Court on December 10, 2007 due to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 21, 201, and on September 22, 201, a fine of KRW 7 million from the Daejeon District Court on September 22, 2016, respectively.
On June 14, 2020, at around 13:27, the Defendant driven a Clearning car in the state of alcohol alcohol concentration of about 0.190% from the 3.4km section from the front of the reservoir in the Southern-do, Yangju-si to the front of the Yangju-si, Yangju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;
1. On-site photographs of internal reports;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes verifying criminal records, investigation reports, and records of drunk driving;
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 Defendant committed the instant crime even though he had the record of being punished for drinking driving in 200, 2007, 201, and 2016 under Article 62-2 of the Criminal Act.
At the time of the instant case, the blood alcohol concentration was considerably high by 0.190%.
However, in full view of the fact that the defendant recognized the crime of this case, the fact that the defendant must support the mother and the knife who are not good health, the distance of drinking driving, the circumstances of crackdown, the age and character and conduct of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records