도로교통법위반(음주운전)
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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On October 31, 2006, the defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on October 31, 2006, and a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Southern District Court's Seoul Southern District Court on September 12, 2008.
【Criminal Facts】
On June 20, 2020: (a) the Defendant was under the influence of alcohol of 0.098% with blood alcohol concentration of 0.098% on June 20, 2020, the Defendant driven a FNAS car from the front of the C cafeteria located in Mapo-gu Seoul Metropolitan Government, to the front of the E convenience store located in Mapo-gu Seoul Mapo-gu, Seoul.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The application of the accused's legal statement, circumstantial statement, records of the drinking driving control, criminal records inquiry reports, investigation reports (the same criminal records of the accused), and summary order 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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving twice, but the Defendant also driven the instant drinking driving.
On the other hand, this case's drinking driving did not cause a traffic accident, and it was about 12 years and 14 years before the driving force of the above drinking driving, and it was the entire record of criminal punishment.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.