도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two months.
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 October 28, 2008, the Defendant was sentenced to a summary order of KRW 700,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and a summary order of KRW 1,500,000 for the same crime in the same court on March 14, 201, and on November 17, 201, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul Southern District Court.
On February 16, 2020, the Defendant driven D 5 vehicles under the influence of alcohol with 0.057% alcohol concentration on the roads of approximately 2.6 km from the Masan Athletic Site parking lot located in Changwon-si, Changwon-si, 63 to the front of C in the same Gu.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a host driver, and investigation report (report on the circumstances of the host driver, telephone conversations of the reporter, suspect specific);
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished three times due to drunk driving, but led to the instant crime.
The occurrence of an accident has also occurred.
However, the defendant recognizes and reflects the facts of crime.
The blood alcohol concentration level is not high, but it was found that alcohol was detected on the following day.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.