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 February 2, 2009, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court.
【Criminal Facts】
At around 00:50 on September 29, 2020, the Defendant driven a F Addi vehicle under the influence of alcohol content of about 2 km from the front of the restaurant “C” in the official city B to the front road in the official city D in the official city.
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, reply 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
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.
3. Unfavorable circumstances: The circumstances that are favorable to the fact that the same crime has been repeatedly committed even though the person had a previous record of drunk driving in 2002, 2006, 2009) but also committed at the same time: The fact that there is no traffic accident, the fact that there was no criminal record of imprisonment, and that there was no criminal record.