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 November 26, 2007, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on November 26, 2007
【Criminal Facts】
Although the Defendant had been punished for drunk driving, on December 25, 2019, at around 01:10, the Defendant driven a Fwing-III truck with the blood alcohol concentration of about 500 meters from the 500-meter section to the e-distance front of the E-distance located in Y in Yasan-si, the Defendant driven a Fwing-III truck with the blood alcohol concentration of at least 0.112%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Traffic accident report, accident site evidence and photographs, notification of the results of the drinking driving control, and circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Evidence Nos. 18), application of Acts and subordinate statutes of summary order;
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 the fact that an order to attend a lecture is recognized and reflected in the crime of this case, the fact that there was a history of punishment several times due to the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime of this case