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
[Criminal Power] On December 29, 2015, the Defendant issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 25, 2020, at around 00:12, the Defendant driven a Esp motor vehicle at the section of about 2 km from the front day of the mutual infinite B drinking alley to the front day of the “D” located in Chuncheon City C, with the influence of alcohol concentration of 0.178%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;
1. On-site photographs;
1. Previous records: Application of inquiries, such as criminal records, and summary order 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 is that the defendant was subject to criminal punishment once due to drunk driving, even though he had a record of criminal punishment, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.
However, considering the fact that the defendant has committed a mistake and again is expected not to drive under the influence of alcohol, and the fact that the defendant has no other criminal record than the previous conviction which was punished as a fine, etc.
In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.