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 February 23, 2009, the Defendant issued a summary order of KRW 1 million to a fine of KRW 600,000 for a violation of the Road Traffic Act at the Suwon District Court on February 23, 2009, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on March 6, 2017, respectively.
【Criminal Facts】
On May 26, 2020, at around 02:05, the Defendant driven a DNA-type vehicle under the influence of alcohol concentration of about 0.161% from the 1km section to the front road of the C Center located in B from the front of the Gyeyang-gu Yang-gun, Yangpo-si, Yangpo-si, Yangpo-si.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant’s legal statement, report on the state of his driving, report on the circumstances of his driving, investigation report (report on the circumstances of his driving), notification on the control of his driving under the influence of alcohol, and inquiry into the results of the control of his driving under the influence of alcohol
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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 on probation and order to attend a lecture was that the Defendant again driven a drinking alcohol, despite the fact that the Defendant had a negative power twice, and that at the time, the degree of blood alcohol level was high.
However, the defendant's drinking driving distance is short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.