도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On May 27, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on June 7, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on June 7, 201, and on October 7, 201, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on April 19, 201.
【Criminal Facts】
On April 8, 2020, around 00:33, the Defendant driven a FS350-L car at a section of about 50 meters from the front of the “C” road in Chuncheon City B to the front of the “E” road located in Chuncheon City D, while under the influence of alcohol content of 0.13%.
Summary of Evidence
1. Legal statement, report on the occurrence of a traffic accident, actual condition investigation report, and on-site photograph of a traffic accident;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports (reports attached to summary orders in the same case), summary orders;
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. The reasoning of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s previous conviction due to drunk driving, repeated driving of the instant case, including the Defendant’s previous conviction due to his/her drunk driving, the volume of blood alcohol level, and the traffic accident due to the instant crime, provided that the instant accident is short of driving distance, and personal damage is not caused due to minor and material damage is not paid, and the final drinking division is about seven years after the lapse of 2013. It is so decided as per Disposition in consideration of all the relevant sentencing conditions.