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.
Criminal facts
On September 18, 2007, the defendant issued a summary order of a fine of one million won at the Jeonju District Court for the crime of violation of the Road Traffic Act (driving) and two times in total.
At around 16:10 on July 28, 2020, the Defendant driven a D-wing and Ⅲ cargo vehicle while under influence of 0.142% of blood alcohol concentration from the forward three distance in C in leisure time B.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the report on the accident site photograph made on the result of the crackdown on drinking driving, and the report on the traffic accident;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of criminal punishment several times due to drunk driving, causes an accident while driving under the influence of alcohol, and the risk of such accident is high.
However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake, the defendant's character and behavior, environment, criminal history, circumstances and results of the crime of this case, and various sentencing conditions as shown in the records, such as the situation after the crime, shall be determined as ordered by taking into account the following factors: (a) the defendant's disposal of the vehicle that he held while making the defendant not to drive under the influence of alcohol; (b) the age of 73 years old; (c) the brain climatic symptoms; and (d) the fact that the state of health is not good due to