도로교통법위반(음주운전)
A 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 11, 2007, the defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden Branch, and on June 26, 2009, a summary order of KRW 1 million as a fine at the Gwangju District Court's same crime was issued.
【Criminal Facts】
On February 22, 2020, at around 15:52, the Defendant driven a freight vehicle of about 13 km and three metric tons from the Do in front of the Hamp-gun B to the front road located in the Hamp-gun D, Jeonnam-gun, in a state of alcohol of 0.21% of blood alcohol concentration.
Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A written appraisal of blood alcohol;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of the investigative report;
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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.