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 April 18, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court branch on April 18, 2007. On August 30, 2013, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
At around 15:20 on January 17, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Cmaz vehicle while under the influence of alcohol at approximately 0.046% of alcohol alcohol level from the 17km section from the front day of the Gyeongnam-gun University Highway to the front day of the Gaggu Highway in the same military.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;
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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture: The defendant has been punished twice due to drunk driving, but he/she drives a motor vehicle again;
The factors of sentencing favorable to the defendant: The defendant recognized the crime of this case, and there is no record of punishment exceeding the fine.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.