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 May 9, 2014, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 20, 2019, the Defendant was under the influence of alcohol with 0.048% of blood alcohol level 0.045 on September 20, 2019, and was driving a DM7 car within approximately 3km from around the mutually aesthetic restaurant in the Seo-gu Daejeon-gu Daejeon to the front of the C Hospital in Daejeon-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Inquiry into the results of the crackdown on drinking driving, the circumstantial statements of drinking drivers, and investigation reports;
1. Previous convictions in judgment: A criminal investigation report (Attachment of summary order for the same kind of case), summary order, and application of Acts and subordinate statutes;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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 reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may cause serious damage to the life, body, and property of another person.
The defendant was sentenced to a fine on one occasion due to a drunk driving, but he was driving again.
However, there was no accident.
Blood alcohol concentration is very high.
The defendant recognizes his wrong and reflects his wrong.
Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.