도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On March 19, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) at the Daejeon District Court’s branch on March 19, 2010, and on August 14, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Pyeongtaek District Court’s site.
[2] Around 16:00 on March 25, 2018, the Defendant driven BM5 car under the influence of alcohol concentration of approximately 200 to 0.172% from the 200-300 meters away from the part of blood alcohol level to 0.172%, while under the influence of alcohol level of around 200-172% from the restaurant in the south-gu Newbadong-dong, Nam-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of crackdown;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same criminal records as the suspect), additional summary order, and the Acts and subordinate statutes concerned;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures have already been punished for the crime of drinking alcohol driving on two occasions: Provided, That the defendant's wrong recognition and reflects the defendant's wrong recognition, the defendant has no record of criminal punishment heavier than the fine, and the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. shall be determined as the same as the order.