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 July 2, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Incheon District Court, and on April 19, 2010, issued a summary order of KRW 2.5 million as the same crime in the same court.
【Criminal Facts】
On April 21, 2020, at around 01:25, the Defendant driven a car 1.6 driver's license on the C's surface while under the influence of 0.236% of blood alcohol concentration in the front section of the Michuhol-gu Incheon, Michuhol-gu, Incheon.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, a report on the assessment of blood alcohol and the result of the crackdown on drinking;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and investigation reports (a copy of the same type of summary order);
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. Article 53 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, even though the Defendant had been punished for drunk driving, he/she re-driving a motor vehicle, and the blood alcohol concentration is also very high.
However, the records of the same crime are more than 10 years, and there are no other records of crime, the distance of driving is shorter, and the distance of driving again is not driving under the influence of alcohol, etc. It is considered as favorable factors. In addition, the sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character, conduct and environment, shall be determined as ordered by taking into account the various sentencing conditions