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 September 20, 2006, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the same court on October 23, 2009.
【Criminal Facts】
On April 4, 2019, at around 14:50, the Defendant driven a fluent car with a blood alcohol concentration of about 0.211% under the influence of alcohol at a section of about 1km from the front of a restaurant in front of a cafeteria, which is located in Gangnam-si B.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. The actual condition survey report;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant has been punished three times due to drunk driving, even though he/she had the record of being sentenced to a fine, causing the crime of drunk driving in this case; the defendant's blood alcohol concentration was very high at the time of this case; circumstances favorable to the occurrence of traffic accidents due to drunk driving: the defendant recognized the crime; the defendant has no record of being punished exceeding the fine due to drunk driving; and the defendant has no record of being sentenced to punishment due to drunk driving; the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc.; and the various sentencing conditions shown in the records and arguments in this case shall be determined as the disposition