도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four 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 January 13, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Seoul Western District Court, and on September 3, 2013, issued a summary order of KRW 4 million as the same crime in the same court.
【Criminal Facts】
On September 15, 2020, around 00:31, the Defendant driven the E-to-be under the influence of alcohol concentration of about 700 meters from the roads near C Station located in Eunpyeong-gu Seoul Metropolitan Government to the front road of Eunpyeong-gu Seoul Metropolitan Government, while under the influence of alcohol concentration of about 0.208%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the circumstantial statement, the investigation report on the results of the drinking driving control (report on the circumstances of the drinking driver), the investigation report (application of the Bamark formula) and the criminal record inquiry report, and the application of Acts and subordinate statutes to the investigation report (the same kind of power);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 was that the Defendant had already been punished for drunk driving twice, but the instant drinking driving was conducted at the same time, and the blood alcohol concentration level at the time of the instant case is high.
On the other hand, in full view of the circumstances favorable to the defendant, such as the occurrence of a traffic accident due to the drinking alcohol driving of this case, the punishment as ordered shall be determined by taking into account the following circumstances: the drinking alcohol level and driving distance of this case; the age, character and conduct, environment, motive and consequence of the crime; and the circumstances after the crime.