도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Power of crime] On June 16, 201, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law at the Seosan Branch of the Daejeon District Court.
[Criminal facts] On October 15, 2020, the Defendant driven F Poter Cargo Vehicles with approximately 0.136% alcohol concentration among blood alcohol level 0.136% from the section of about 1km from the front of C located in Seojin-gu, Seoul to the front of the E church located in D, Seojin-gu, Seoul.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Previous records of a statement made in the circumstances of the driver who takes charge of driving restrictions on drinking: The application of Acts and subordinate statutes to refer to inquiries, such as criminal records (A) and investigation reports (verification of the same records as the suspect);
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is a serious criminal who threatens the life, body, and property of other persons as well as his family members, and the degree of alcohol content in the blood at the time of the instant case is high (0.136%) and the crime is bad, such as the driving of the cargo at the time of the instant case, and the detection of diving during the signal atmosphere, and the criminal records of the same kind of crime are located one time, etc., which are disadvantageous to the Defendant, and the Defendant is led to the confession and rebuttal of the instant crime, and the Defendant is favorable to the Defendant, such as other circumstances favorable to the Defendant, such as the Defendant’s age, sex, environment, motive and background of the instant crime, driving distance, and the circumstances after the instant crime, etc., shall be determined by the sentence as per the text.