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 January 9, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court as a violation of the Road Traffic Act.
On March 28, 2020, around 09:16, the Defendant driven a Dro-car while under the influence of alcohol with approximately 120 meters alcohol concentration of about 0.10% from the front of Yongsan-gu Seoul to the front of the same Gu C on the road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. Investigation report (related to the measurement and quantity of alcohol concentration in the blood of a suspect);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order);
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 been punished for drunk driving in 2014, but was also driving under the influence of alcohol.
On the other hand, this case's drinking driving did not cause a traffic accident, and the drinking driving force of the judgment is all the criminal records.
In addition, the defendant again said that he would not distort such a mistake.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.