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 April 13, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Suwon District Court, and on April 24, 2013, a summary order of KRW 3 million for the same crime at the same court.
【Criminal Facts】
Around 01:10 on May 8, 2020, the Defendant driven a F Ecoo vehicle from the vicinity of the Bupyeong-gu Incheon Metropolitan Government B to the front road of the E Hospital located in the same Gu, while under the influence of alcohol of 0.167% of blood alcohol level.
As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the same kind of power;
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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.
The defendant was punished twice due to drunk driving, but he was again under the influence of alcohol.
The blood alcohol concentration measured is high.
From the private street to the road, the risk on the road was caused.
The favorable circumstances: The history of the same kind of crime is seven years, and the vehicle is disposed of, and the vehicle is not driven again.
The distance of the vehicle is shorter than that of the vehicle by moving the vehicle to the place of the office through the substitute driver.