도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 12, 2008, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of the Road Traffic Act, and on March 17, 201, the same court issued a summary order of KRW 2.5 million for the same crime, and on January 25, 2015, issued a summary order of KRW 6 million for the same crime by the same court.
Although the Defendant had been under punishment twice or more for a violation of the Road Traffic Act (driving) as above, at around May 5, 2019, the Defendant driven a rocketing car under the influence of alcohol 0.156% in a section of approximately 500 meters from B to C in the south-si-si Do around May 5, 2019.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include imprisonment with prison labor for the same kind of crime, such as drunk driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, even before the defendant has been sentenced to
Nevertheless, the crime of this case was committed while driving under the influence of 0.156% of the blood alcohol concentration in the second blood.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.