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 March 25, 2016, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on March 25, 2016, and on April 22, 2016, the same court issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act.
【Criminal Facts】
Although the Defendant had been punished for drinking driving two or more times as above, at around November 21, 2018, at around 19:45, the Defendant driven Calma car while under the influence of alcohol, which is about 0.212% of blood alcohol concentration at the 300-meter section of the roads front of the Seocheon-si B apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers and notification of the results of the control of drinking driving;
1. Previous convictions in judgment: Criminal history records, reply reports, investigation reports, application of Acts and subordinate statutes in Part IV of summary order;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and education order under Article 62-2 of the Criminal Act committed the crime of this case even though the defendant had the record of four times of punishment for the same kind of crime, and the defendant's blood alcohol concentration at the time of this case was considerably high shall be considered as favorable to the defendant, such as circumstances unfavorable to the defendant, the fact that the defendant recognized the crime of this case, the fact that the defendant has no criminal record of the same kind of punishment exceeding the fine, etc. In addition, the punishment shall be determined as ordered by comprehensively considering all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and behavior, motive and means of the crime, and circumstances after the crime, etc., and the execution of the sentence shall