도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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
On December 7, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Southern District Court of Jeonju on December 7, 2006, for a fine of KRW 1.5 million for the same crime at the Gwangju District Court of Gwangju on January 9, 2009, and a fine of KRW 2 million for the same crime at the Jeonju District Court of Korea on October 23, 2012.
Nevertheless, at around 22:05 on August 13, 2020, the Defendant driven a car with a bomb 3.2 car under the influence of alcohol level of about 0.058% from the 2km section from among the infants located in Young-gu, Young-gu, Seoul Special Metropolitan City to the front road of the same Sinsan-gu B.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report on the result of the supervision of drinking and driving under the law of the accused, report on the circumstance of a drinking driver, and investigation report (related to the distance of drinking and driving);
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's records of drinking, unlicensed driving, and traffic accident (not only in the time of trial but also with the same record of drinking, unlicensed driving, and traffic accident) shall be sentenced as the order in consideration of the defendant's history of traffic accident (not only in the time of trial, but also with the same record of traffic accident since 2013), the blood alcohol concentration of the defendant at the time of committing the crime under the judgment (which seems to have been exposed to the police's drinking control), the situation after the crime was committed (including the reflect attitude), the defendant's age, character, behavior, environment, etc.,