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
[criminal power] On November 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 23, 2007. On October 14, 2015, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On January 4, 2020, at around 20:55, the Defendant driven an E body-man car in the state of alcohol alcohol concentration of about 0.050% from the 400-meter section to the front road of Sacheon-si B apartment on the roads of Sacheon-si, B apartment, to Sacheon-si C.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case; (b) the distance of driving; (c) the background leading up to driving; (d) the defendant’s status at the time of driving; (c) the previous criminal records of the defendant; and (d) the sale of vehicles; and (e) the conditions for various sentencing specified in the arguments