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
On July 19, 2006, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on December 3, 2013, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 3, 201, and on December 22, 2016, a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 22, 2016.
Nevertheless, around 20:40 on September 20, 2019, the Defendant, while under the influence of alcohol of 0.10% of blood alcohol level, driven a BCA1105 wheeled vehicle from the 1km section from Guro-gu Seoul to the south-ro 1082-72 Gu in the same south-ro circulation from the Seoul Guro-dong to the 1km-ro.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a survey report on the actual condition and the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of each summary order;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the same sentence as the order shall be made in consideration of the overall sentencing conditions shown in the pleadings of the instant case, including the reason for sentencing under Article 62-2 of the Criminal Act, the circumstances of drinking alcohol driving, the measurement of drinking alcohol, the criminal records of fines for drunk driving, three times (2006/2013/2016), the risk of recidivism, and reflectivity.
It is so decided as per Disposition for the above reasons.