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 of the final judgment.
Punishment of the crime
On December 18, 2009, the Defendant was issued a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court on December 18, 2009, and a fine of KRW 5 million for the same crime at the Ansan District Court on November 18, 2014.
On September 20, 2019, at around 03:59, the Defendant driven a DNA car with a blood alcohol concentration of about 0.104% in the section of about 300 meters from the front of the Yagu in Ansan-si B to the front of the same Gu C, while under influence of alcohol level of about 0.104%.
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, a record of measurement of drinking, a report on the situation of drinking drivers, an investigation report (report on the status of drinking drivers), and a report on the status of drinking drivers;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same type of force, suspect's statement) and other Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the fact that a person has been punished three times for drunk driving (2005, 2009, and 2014), despite the fact that the person has been punished three times due to drinking driving (2005, 2009, and 2014): the fact that the person is recognized as committing a crime, the fact that the person has not committed a second offense, such as scrapping a vehicle after receiving a medical treatment by alcohol respect, the fact that there is no record of criminal punishment since 2015, and the fact that there is no record of criminal punishment after 2015, the punishment as set forth in the order shall be determined by