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
On September 16, 2014, the Defendant is a person who received a summary order of KRW 700,000 from the Seoul Western District Court as a crime of violation of the Road Traffic Act.
On June 12, 2020, at around 03:36, the Defendant driven a D motorcycle while under the influence of alcohol with approximately 0.094% of alcohol concentration at the section of about 1k from the roads near the non-dong non-wide in Eunpyeong-gu Seoul Metropolitan Government to the roads in front of the Crade bank located in the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, statement, drinking driving control, investigation report (unapplicable with the mark model), investigation report (the date and time confirmation), investigation report (the date and time confirmation), criminal history records, investigation report (the distance confirmation), and criminal investigation report (the confirmation of the same kind of power) and the application of statutes;
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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished once for drinking driving in 2014, was also driving under the influence of alcohol in this case.
On the other hand, considering the circumstances favorable to the defendant, such as the drinking alcohol level and driving distance, the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the drinking alcohol level and driving distance; (b) the defendant's age; and (c) the age, character and behavior; (d) the motive and consequence of the crime; and (e) the circumstances after the crime.