도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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.
Criminal facts
On June 11, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Seoul District Court’s support for interest.
On September 20, 2020, the Defendant driven a rocketing car with the alcohol level of about 0.160% 0.160% from the blood alcohol level from around 00:30 to the front road of the Southern Do in the direction of about 400 meters from the Do in front of C.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver of a driving vehicle, a survey report made on the actual results of crackdown on drinking driving, and previous records of judgment on the scene of a traffic accident: Application of an inquiry letter, such as criminal history, and a written order for summary issuance;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds that the Defendant, while driving a motor vehicle under the influence of alcohol even though he/she had a history of criminal punishment due to driving of alcohol, caused another motor vehicle and continuously damaged the gate, boiler, etc. of another person’s residence and caused an accident leading to the math, and such danger is very high.
However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.
The defendant's age, sex, environment, family relationship, criminal history, circumstances after the crime of this case, and the results of the crime of this case, etc. shall be determined by taking into account the following factors: the defendant's age, sex, environment, family relationship, criminal history, and the punishment as ordered.