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
On March 19, 2010, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act (driving) from the Daejeon District Court's branch court.
On April 29, 2020, around 23:12, 2020, the Defendant driven an EMM car under the influence of alcohol concentration of about 0.104% from the 8km section of blood alcohol concentration to the front roads of D located in Dong-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of drinking records of a suspect), support for tent 2010 high-level and summary order Acts and subordinate statutes shall apply;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant once again drives the instant drinking, despite the fact that he/she had been sentenced to a fine due to the violation of the Road Traffic Act, that the blood alcohol concentration of the instant case is considerably high, and that the defendant recognizes the crime, etc., the punishment as set forth in the text shall be determined.