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 November 12, 2007, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On October 202, 2019, the Defendant driven the E 5 car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.179% from the section of 500 meters, from the window of Changwon-si, Sungwon-si B Bank to the front road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.
Unfavorable circumstances: The harm of drinking driving and actual traffic risks (the occurrence of physical damage by provoking a vehicle), many traffic-related criminal records (four-time driving, two-time driving without a license), and high blood alcohol concentration: The defendant repents and reflects the wrong, and the recent years of punishment for the same kind of crime are very old around 2007.