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 January 7, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on March 9, 2009, KRW 1.5 million as a fine for the same crime at the same court on March 9, 2009, and KRW 5 million as a fine for the same crime at the Changwon District Court Msan Branch on May 11, 2017, respectively.
【Criminal Facts】
On June 27, 2020, at around 01:34, the Defendant driven a E-be motor vehicle under the influence of alcohol concentration of about 0.039% at a section of about 10km from the c-paid on-road parking lot located in Changwon-si, Yongsan-si B to the front of the same D apartment.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
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.
However, the defendant stated that he is aware of and against the facts of crime.
The blood alcohol concentration is not high.
There is no record of punishment except the criminal records in the judgment.
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.