도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 8, 2007, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on November 8, 2007. On March 16, 2015, the same court issued a summary order of KRW 1.5 million for the same crime.
【Criminal Facts】
On August 17, 2020, around 01:15, the Defendant driven an E Lastren car with approximately 160 meters alcohol concentration at approximately 0.119% while under the influence of alcohol from the Do in front of C in Soyang-gu, Goyang-gu B to the front of D in the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and reporting on the state of driving under each driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (criminal records of a suspect's drunk driving), and application of Acts and subordinate statutes attached to summary orders;
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. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime
However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the facts charged, the distance of drunk driving (160m) is relatively short, the fact that he/she has no criminal record exceeding the fine, and the fact that his/her social relation is clear, etc., the defendant's age, family relation, character and conduct, means and results of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking account