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
[Criminal Power] On June 14, 2018, the Defendant was issued a summary order of a fine of seven million won at the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On January 19, 2020: (a) around 02:17, the Defendant driven a car under the influence of alcohol of about 0.172% of blood alcohol concentration on the front side of a mutual influent restaurant in Gangseo-gu Seoul Metropolitan Government, from around 6km to the front side of Seoul Mapo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of the drinking driving control, and a report on the results of the drinking driving control;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same criminal records), and 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 reasons for sentencing under Article 62-2 of the Criminal Act include the following circumstances: (a) the Defendant was punished by a fine on one occasion for the violation of the Road Traffic Act in 2018 and the violation of the Road Traffic Act in other times; (b) the Defendant has no criminal record other than the above previous conviction; and (c) the Defendant has not realized the risk of traffic accidents due to the crime of driving under the influence of alcohol in this case; (d) the circumstances favorable to the Defendant, such as the degree and distance of the drinking alcohol in this case; and (e) the degree and distance of the Defendant’s age, character and behavior, environment, motive and consequence of the crime; and (e) the various circumstances, which are conditions for the sentencing specified in the oral proceedings, including the records and arguments, shall be