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
On August 31, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On November 21, 2019, at around 23:10, the Defendant driven C Lasta car in the state of alcohol alcohol concentration of about 3 km from the front of a cafeteria located in the Southern-gu Seoul metropolitan Nowon-gu to the front of the same Gu, while under the influence of alcohol concentration of 0.092%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same kind of crime) Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant was punished for a drunk driving in 2016 under the suspension of execution, re-driving the instant case within a relatively short period of time, and the blood alcohol content (0.092%) is not low, and there are no circumstances to particularly consider the background of drunk driving. Thus, the Defendant’s decision to punish the instant crime is made on the ground that there is no record of punishment except the above punishment, and the execution is postponed by comprehensively taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime.