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 November 27, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Incheon District Court's Branch Branch on November 27, 2008, a summary order of KRW 3 million for the same crime from the Yongsan Branch's High Court's High Court's High Court's High Court's on December 14, 201, and a summary order of KRW 7 million for the same crime on October 31, 201.
【Criminal Facts】
On March 11, 2020, the Defendant was under the influence of alcohol with 0.082% of blood alcohol concentration at around 03:54, the Defendant driven a DNA SM7 car from the front side of the C Bank located in the Militarysan City B to the (Gu), located in the 436-ro 436 from the front side of the 1.5km distance at the same time.
As a result, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, an accident site report and photograph, notification on the results of the drinking driving control, the circumstantial statement of a drinking driver, and a report on internal investigation;
1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 21) and the application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that an order to attend a lecture is recognized and reflected in the crime of this case, the fact that there was a history of punishment several times due to the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime of this case