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 May 29, 2007, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on August 29, 2007. On August 3, 2018, the Defendant was sentenced to a summary order of 2 million won or more for a violation of Article 44 (1) of the Road Traffic Act at the Seoul East District Court on August 3, 2018.
On April 3, 2019, at around 02:52, the Defendant driven a motor vehicle with approximately KRW 8 km up to the front of D in Songpa-gu Seoul, Songpa-gu, Seoul, while under the influence of alcohol concentration of 0.130%.
Accordingly, even though the Defendant was punished as a drunk driving more than twice, the Defendant was driving under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous records: Investigation report (Attachment of the same criminal records), inquiry report and application of Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that prescribes the applicable law to facts constituting an offense and the choice of punishment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the order of community service order are as follows: (a) a dangerous criminal who is likely to cause an unforeseen behavior not only his own life but also another person's life and home by raising the possibility of traffic accident; (b) a criminal has the record of being punished twice due to drinking driving as stated in the judgment of the defendant; (c) a criminal has the record of being punished for a suspended sentence due to drinking driving, but the criminal has the record of being punished for a suspended sentence for a period of 2007, which is 10 years prior to the ten-year period; (d) a criminal's family relationship