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
On April 6, 2007, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court in the Daejeon District Court.
On June 20, 2020, the Defendant driven a two-wheeled vehicle owned by himself, ECA 110 meters away from C University located in Yannam-gu, Chungcheongnam-gu, Seoul to D in the same Gu while under the influence of alcohol of 0.166% of blood alcohol concentration on June 20, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs, records of use of drinking meters, notification of completion of correction, notification of the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of Acts and subordinate statutes of two copies of the summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: Defendant’s wrong recognition of and reflects on the grounds of sentencing; Defendant has been punished three times for the same kind of crime but again commits the instant crime; Defendant’s blood alcohol concentration and driving distance; Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; Defendant’s motive, means and consequence of the instant crime; and other various conditions of sentencing specified in the pleadings of the instant case shall be determined as ordered by taking into account all the following factors: