도로교통법위반(음주운전)
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
[Criminal Power] On May 26, 2017, the Defendant received a summary order of KRW 4 million for a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on May 26, 2017.
【Criminal Facts】
On August 16, 2019, at around 08:56, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.149% from the 3km section of approximately 3km from the roads in front of B around the Gyeonggi-gu, Gyeonggi-gu, Seoul-gu, Gyeonggi-do, to the front of the Gyeonggi-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 is to admit and reflect the crime.
The defendant has a criminal record of the same kind, one time.
At the time of detection of the defendant's blood alcohol concentration, age, character and conduct, occupation, environment, punishment history, motive, means and result of the crime, etc., the sentence as ordered shall be determined by comprehensively considering the sentencing conditions.