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
[criminal power] On June 26, 2009, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court. On August 31, 2012, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor at the Seoul East District Court for the same crime. On September 4, 2014, the Defendant was issued a summary order of 6 million won by a fine for the same crime.
Part of the facts charged in the indictment was revised.
【Criminal Facts】
On October 20, 2019, the Defendant was under the influence of around 23:34, the blood alcohol concentration of 0.150%, and the Defendant driven DK3 car from the Gangnam-gu Seoul apartment parking lot to the front road of the Sungnam-si, Sungnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant once suspended from the execution of one time due to drunk driving; and (b) once sentenced to criminal punishment of fines, once again repeats the crime, and thus
However, it is expected to take the last place in consideration of the fact that the second offense was committed at the expiration of five years from the date of the driving under the influence of alcohol, and that it reflects it.
In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.