도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 June 24, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on June 24, 201, and a summary order of KRW 1.5 million to a fine at the same court on September 4, 2012.
Nevertheless, at around 21:35 on September 25, 2020, the Defendant driven a DNA-learning car under the influence of alcohol concentration of about 0.047% from around 5 km to the front road located in the Dongdaemun-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, where the Defendant cultivated.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant’s legal statement, report on the results of the drinking driving control, and report on the situation of a drinking driver;
1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It shall be sentenced as ordered in consideration of the records of driving under the influence of alcohol (no other criminal record exists), the blood alcohol concentration and value of the defendant's blood alcohol level as indicated in the judgment of the defendant on the grounds of sentencing under Article 62 (1) of the Criminal Act, the situation at the time of the crime of driving under the influence of alcohol (including the detection of crackdown by the police), the circumstances after the crime (including the reflect attitude) and other various conditions of sentencing as shown in the trial process, such as the defendant'