도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On March 7, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on October 24, 2008, the Defendant was sentenced to a fine of KRW 3,500,000 as a crime of violating the Road Traffic Act (drinking driving), and on April 30, 2010, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon Friwon, and on November 19, 2010, sentenced to a suspended sentence of KRW 2,00,000 to imprisonment with labor for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court.
[Criminal facts]
1. On July 18, 2020, the Defendant driven the EMW X6 car under the influence of alcohol content of approximately 1.2 km from around 19:53 on July 18, 2020 to around the D Parking Lot located in the same city, from around 19:53 to around the D Parking Lot in the same city.
2. On July 18, 2020, the Defendant driven a eMW X6 car under the influence of alcohol content of approximately 0.115% from the 50m section around July 18, 2020 to the G Library’s neighboring road located in Ischeon-si C around July 18, 2020 to the G Library’s neighboring road located in the same city.
Accordingly, even though the Defendant violated the prohibition of drinking driving under the Road Traffic Act at least once, the Defendant once again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report on the circumstances of the driver at each week, the results of the investigation, the first detection of the driver at each time of the second measurement of the suspect, the first detection of the driver at each control photograph, and the second detection of the driver at each time of the second measurement of the suspect;
1. Previous convictions in judgment: Application of two separate Acts and subordinate statutes of each written inquiry about criminal history, etc., drinking driving records, copy of summary order, and copy of judgment;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) that provides for the applicable provision of the Act and the applicable provision of the former Road Traffic Act regarding criminal facts (amended by Act No. 17371 of Jun. 9, 2020)
1. The aggravated Criminal Act for concurrent crimes.