도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 July 3, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 3, 2007, KRW 2 million as a fine for the same crime at the Seoul Northern District Court on April 15, 201, and KRW 7 million as a fine for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Seoul Central District Court on January 12, 2015.
Criminal facts
On June 24, 2020: (a) around 22:18, the Defendant driven a DMW car in the state of alcohol alcohol concentration of about 0.158% at the section of about 15km from the road near the Gangseo-gu Seoul Airport, Gangseo-gu, Seoul to the C Parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, records of driving under influence, etc., and application of Acts and subordinate statutes governing summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, the details of the past drinking run and the details of punishment, the time interval from the former, the drinking level in this case, the circumstances after the crime, etc.