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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 13, 2007, the defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch on April 13, 200, and on July 4, 2007, the former District Court issued a summary order of KRW 100,000 as a crime of violation of the Road Traffic Act.
On June 4, 2020, the Defendant, despite the foregoing, driven a 1 ton cargo vehicle of Dwing and C in the state of alcohol alcohol level of about 500 meters from the 500-meter section to the front road of C Licensed Real Estate Agents in the same Gu from the mutual influorial dong located in Geumcheon-gu, Seodong-gu, Seoul to the roads of the same Gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report on the legal statement of the accused, the driver, the state of standing, and the notification of the result of the drinking driving control;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same records as the accused);
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence shall be imposed as ordered in consideration of various sentencing conditions shown in the trial process, including the Defendant’s age, character and conduct, and environment (including family relation), the Defendant’s blood alcohol concentration and drinking distance, the Defendant’s blood alcohol level and drinking driving distance at the time of the crime of drinking driving as indicated in the judgment (the police’s drinking control is detected), the Defendant’s previous conviction relation (in addition to the punishment force at the time of the market, there are many persons who have been punished for a different type of crime), the circumstances after the crime was committed (including reflective attitude),