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 December 5, 2016, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On October 12, 2019, at around 01:15, the Defendant driven a motor vehicle with Cromatic alcohol concentration of about 0.183% while under the influence of alcohol at the section of approximately 300 meters of the road in front of the studio B in the Jeonju-gun.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;
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 Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime, even though he/she had a record of punishment for drunk driving, and the occurrence of traffic accidents is disadvantageous to the Defendant.
However, it is favorable to the defendant that there is no power of criminal punishment except for a single fine, that the defendant acknowledges the mistake and reflects, that the vehicle is sold, and that there is no force of criminal punishment.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.