도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On September 19, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the public support of the Daejeon District Court on February 13, 2008, a summary order of KRW 2 million for the same crime in the public support of the Suwon District Court on February 13, 2008, and a summary order of KRW 2.5 million for the same crime in the public support of the Chungcheong District Court on September 6, 2010.
【Criminal Facts】
On August 22, 2020, at around 20:00, the Defendant driven a e-mail with blood alcohol concentration of about 0:180% from the road front of the C Industrial Complex in the official city B to the entrance of D apartment in the official city in the official city, while under the influence of alcohol concentration of about 50 meters.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Details of regulating the accused's legal statement, reports on the state of his/her oral statement, and investigation reports (report on the state of his/her oral statement);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.
D. Unfavorable circumstances: The fact that a person repeatedly commits the same kind of crime even though he had already been subject to three times of drinking, the fact that he/she repeatedly commits the same crime, the fact that he/she is highly favorable to the degree of blood alcohol concentration: The fact that the mistake is recognized and reflected, and that the previous crime of drinking