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 September 21, 2015, the defendant was issued a summary order of KRW 3 million by the District Court of Jung-gu on September 21, 2015 due to the violation of the Road Traffic Act.
On June 20, 2020, the Defendant was under the influence of alcohol of 0.106% of blood alcohol concentration at around 02:49, and the Defendant was driving Cenz car at approximately 1.6 Km from the front of a cafeteria located in the Gyeonggi-si, Yangju-si to the front of the bus stops in B apartment bus stops in the same city.
In this way, the defendant was driven twice or more while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;
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 committed the instant crime even though the Defendant had been punished for drunk driving in 2000 and 2015.
In the last time, the previous years of drinking driving are recent.
In addition, the sentencing conditions shown in the records and arguments of this case, such as the blood alcohol concentration (0.106%), the blood alcohol level (0.106%), the drinking driving distance (1.6km), the background of control, the age and character of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered.