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 July 1, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and the electronic summary order of KRW 4 million for the same crime in the same court on September 27, 2013.
On April 4, 2020, at around 21:15, the Defendant driven a DPoter Ⅱ, which is owned by the Defendant, while under the influence of alcohol content of approximately 0.149% from the 10km section from the front of the work room of the Defendant, located in Gyeonggi-gun B to the front of the same military C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports (a) and Acts and subordinate statutes;
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 accused has been punished three times for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.
Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.149%.
However, considering the fact that the defendant recognized the crime of this case and is against the defendant, the circumstances favorable to the defendant's family members who will support the crime of this case, and considering the motive and background of the crime of this case including the above circumstances, the method and result of the crime, the circumstances after the crime of this case, the age, environment, and criminal record, the punishment as ordered shall be determined by taking