도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 October 10, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on June 25, 2009, a fine of KRW 3 million from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】 Around 04:50 on February 19, 2020, the Defendant was under the influence of alcohol with a 0.114% alcohol concentration, and driven a cknife car at approximately 500 meters away from the front of a pote restaurant in the Seoul Yangcheon-gu to the front road of the E-care center located in D, where the trade name located in the Cpark located in B is unknown.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Criminal records as stated: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
The length of the defendant's vehicle shall not apply.
The health of defendants is not good.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.