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
On May 9, 2016, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On November 7, 2019, at around 22:49, the Defendant driven DK7 car under the influence of alcohol concentration of about 0.064% from the 4km section from the roads inside the Kimpo Airport parking lot located in Gangseo-gu Seoul Metropolitan Government, to the front roads in Incheon Gyeyang-gu.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employer-employed driver (A);
1. Previous records of judgment: Application of criminal records, results of inquiry (A) Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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(1) of the Criminal Act, Article 59 of the Act on Probation, etc. was punished by a fine for a violation of the Road Traffic Act in 2000 and 2016.
However, the blood alcohol concentration of the instant case is relatively low.
There are circumstances to take into account the circumstances of operating a vehicle while drinking alcohol before boarding the aircraft after a number of hours.
Confession of a crime and reflects it.
In full view of the above circumstances, the punishment as ordered shall be determined as above.