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] The Defendant was issued a summary order of KRW 2.5 million on August 8, 2008, with a fine of KRW 7 million on August 1, 2014, and was sentenced to imprisonment with prison labor for six months on July 12, 2017 and two years of suspension of execution.
【Criminal Facts】
On July 17, 2020, the Defendant had the power of violating the prohibition of driving under the influence of alcohol, but around 20:50 on July 17, 2020, the Defendant driven a Frash truck under the influence of alcohol with approximately 300 meters alcohol concentration of 0.071% from the front parking lot of B apartment C-dong, to the E-road located in D.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, references, and copies of written judgments;
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 scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Act: The decision to set the sentencing guidelines for a period of one year or two years or more: One year of imprisonment, the blood alcohol concentration recognized as two years of suspended execution (120 hours of social service) is relatively low, the details and distance of the driving, the previous conviction (4 times of fine, one time of suspended execution of imprisonment, one time of suspended execution of imprisonment, and one time of suspended execution for the last five years) and other various circumstances revealed in the trial process of this case, including the defendant's age, character and behavior, environment, and family relationship, shall be determined as per the order.