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 October 4, 2003, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Yeongdeungpo-gu District Court's Yeongdeungpo-gu District Court's territorial support on October 31, 2003. On November 29, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving). On April 23, 2014, the Defendant was sentenced to a suspended sentence of KRW 3 million for a period of 8 months for a violation of the Road Traffic Act (driving) in the Young-gu District Court's Young-gu District Court's territorial support.
On May 27, 2020, the Defendant, while under the influence of alcohol 0.196% of alcohol level around 11:3 on May 27, 2020, driven an Ebe-crat-car car at approximately 1 km from the roads adjacent to the Gyeong Young-gun, Chungcheongnam-gun, B to the roads adjacent to the Defendant’s dwelling in the same Gun D.
Accordingly, the Defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police statements of the F;
1. A criminal investigation report and each internal investigation report;
1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the circumstances of a drinking driver, report on the actual condition, and inspection report on the vehicle register;
1. Each photograph;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the probation, community service order and order to attend lectures shall be faithfully observed.