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 December 14, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on December 14, 201, and a fine of 4.5 million won for a violation of the Road Traffic Act at the same court on December 23, 2016, respectively.
The defendant is a person driving a B-hand car.
On July 25, 2020, the Defendant, while under the influence of alcohol of 0.077% from blood alcohol concentration at around 02:00, committed a violation of the duty of prohibition of drunk driving on two or more occasions by driving the said vehicle at the section of about 20km from the water source transfer site in Suwon-si, Suwon-si, 68-8, Suwon-si, Sinung-si to the entrance of the 50km underground car at approximately 20km.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, output paper, and inquiry into the results of the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records: Application of criminal records, reply reports, investigation reports, and other Acts and subordinate statutes;
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.