도로교통법위반(음주운전)
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 August 14, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on August 14, 2009, and on September 28, 2016, the Defendant received a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Ansan District Court's Ansan Branch on September 28, 2016.
On December 26, 2019, at around 13:25, the Defendant driven a DNA car with a blood alcohol concentration of about 0.122% while under the influence of alcohol over about 1km from the south-gu Incheon Metropolitan City B to the front of Incheon Dong-gu C.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The circumstantial report of an employee;
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the same type of judgment attached thereto);
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. An order of education under Article 62-2 of the Criminal Act causes significant danger to the public safety by causing traffic accidents, such as causing a traffic accident by driving in drinking condition, even though the person had been punished for drinking alcohol level, the distance and time of drinking driving, and the record of punishment for drinking driving. After the last record of the crime in this case, time interval from the time of the crime in this case to the time of the crime in this case, recognizing the crime in this case, and taking the wrong facts into account the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments in this case, such as the defendant'