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 6, 2011, the Defendant received a summary order of KRW 2 million from the Ulsan District Court as a crime of violation of the Road Traffic Act.
On April 17, 2020, at around 22:52, the Defendant driven a DNA car with a blood alcohol concentration of about 0.124% in the section of about 2 km from the front of a place where he was unaware of B and below in Yangsan City, to the front of C.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of one copy of a summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;
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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been punished twice as a crime of identical drinking, although the defendant has been accused of a fine for a crime of identical drinking, the confession of the crime of this case has been made and the mistake has been divided as well as there has been no other records of punishment. The records of the same kind are crimes that were committed not less than nine prior to the crime, and the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime shall be determined as ordered in consideration of various sentencing factors.