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
On April 1, 2014, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.
On June 3, 2020, at around 11:33, the Defendant driven a d SM520 car while under the influence of alcohol leveling 0.083% of alcohol level in the section of approximately 110km from Gangnam-gu to the front of Chungcheongnam-si, Chungcheongnam-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. A written statement E of the defendant's statutory statement, investigation report on the handling table of 112 reported cases (report on the circumstances of a drinking driver);
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (one-time and one-time), and application of Acts and subordinate statutes governing summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
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 under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving in around 2014, and even if he had the record of driving under the influence of alcohol, the Defendant was driving under the influence of alcohol in this case. The numerical value of blood alcohol concentration was not lowered, and driving under the influence of alcohol in a very long distance from Seoul to Chungcheongju, and the responsibility for the crime is not weak.
However, considering the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving of this case, and other various circumstances that form the conditions for sentencing indicated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined.