도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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 December 13, 2007, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 13, 2007.
On March 23, 2020, the Defendant driven CK7 vehicle under the influence of alcohol with approximately 0.142% alcohol concentration in approximately 2km section from the Do in front of the 1042-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the front of the 1042-ro B.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and field photographs;
1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of three copies of a summary order;
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. Article 62 (1) of the Criminal Act;
1. The Road Traffic Act amended on December 24, 2018 on the grounds of sentencing under Article 62-2 of the Criminal Act (amended on December 24, 2018) strengthens the punishment to be sentenced to imprisonment for not less than two years but not more than five years (not less than one year but not more than two years and not more than six months even if mitigation is performed, and the defendant has already been punished for drinking driving on three occasions, and again drives under the influence of alcohol, and the blood alcohol concentration of this case is very high, it is necessary to punish the defendant significantly.
However, in consideration of the fact that the defendant's mistake is recognized and the records of drinking driving are relatively long time, the punishment shall be determined within the scope of punishment, and the execution of imprisonment shall be suspended only once.