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
On December 15, 2015, the Defendant received a summary order of KRW 1 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the same court on December 21, 2015 to a fine of KRW 1 million for the same crime.
On August 23, 2020, at around 23:34, the Defendant driven a Dop XG car in the state of alcohol with approximately 1 km from the front of the member-gu Seoul cafeteria B, Ansan-si to the front road of the sports park located in the 2155-dong, Chungcheongnam-si, Sinsan-si.
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, inquiry report on the control of drinking driving, and drinking-free personnel;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;
1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that the person concerned is white and has no record of exceeding the fines for the same kind of crime);
1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;