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
[criminal power] On July 25, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court, and a summary order of KRW 1.5 million for the same crime at the same court on May 21, 2019, respectively.
【Criminal Facts】
On September 4, 2019, at around 02:13, the Defendant driven C’s car under the influence of alcohol with a blood alcohol concentration of about 0.077% from the section of approximately 5km in the area of 5km-dong, Chungcheongnam-gu, Seoul to the road in front of the shooting distance.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver, and report on the circumstantial statement of a host driver;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, two copies of summary orders, and the application of Acts and subordinate statutes of Part I of the list of related cases;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished for drinking driving twice, is disadvantageous to the Defendant.
However, in comprehensive consideration of various circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship and environment, the defendant's erroneous recognition of and reflects the defendant's mistake, traffic accidents have not occurred and the defendant's age, character and conduct, family relationship and environment