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] On April 2, 2013, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on April 2, 2013. On November 27, 2015, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On 03:53 on 05, 2020, the Defendant driven a F Kamin vehicle with a blood alcohol concentration of about 0.089% from approximately 6 kilometers to the roads of the E convenience store located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, the Defendant was under the influence of alcohol at approximately 0.089% from around 03:53.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;