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
On March 2, 2017, the Defendant was issued a summary order of KRW 7 million by the Seoul Central District Court due to a crime of violation of the Road Traffic Act (driving). On February 22, 2019, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act (driving).
On April 7, 2020, the Defendant driven BM car under the influence of alcohol content of about 0.124% at the section of about 64 km from the hotel where it is impossible to know the trade name in 01:53 at the Seocho-si, Hongcheon-gun, Hongcheon-gun, Seoul (Seoul) to the 87.1km point 1km in the direction of Seoul, Hongcheon-gun, Gyeongcheon-gun, the Defendant driven BM car under the influence of alcohol content of about 64km.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that there are two times the previous convictions against the defendant.
However, considering the fact that there are no previous criminal records other than the previous criminal records and the unlicensed driving records, there is no cause of traffic accident, and that there is no criminal defendant's attempts to drive under the influence of alcohol again, such as creating the defendant's wife, and preparing a gold week, etc., the punishment shall be determined as per the disposition, in consideration of the fact that the confession of the crime of this case and reflects the depth of the crime of this case.