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] The defendant was punished for driving under the influence of alcohol in the Changwon District Court on November 1, 2007 by a fine of 1.5 million won for a violation of the Road Traffic Act (driving under the influence of alcohol) at the Jinwon District Court on November 1, 207.
【Criminal Facts】
On March 26, 2020, at around 23:07, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.16% from the parking lot “C” in Jinju-si B to the front road of “Ecafeteria” located in Jin-si D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, repeated statements, and application of statutes by a summary order;
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, the punishment as ordered shall be determined by comprehensively taking into account the following: (a) the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol; (b) the Defendant’s status at the time of driving under the influence of alcohol; (c) the process of detection of the Defendant’s driving under the influence