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 February 14, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 03:59 on February 22, 2020, the Defendant driven B K5 cars while under the influence of alcohol of about 500 meters from the apartment parking lot located in the Pungdong-gu, Manyang-si to the same Fridong-gu. The Defendant driven B K5 cars under the influence of alcohol of about 0.167%.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the power of violating the prohibition of driving such as a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of blood collection control;
1. A written appraisal of blood alcohol;
1. A report on the actual state of the driver;
1. On-site photographs;
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime
However, the Defendant stated that all the facts charged are recognized and against the Defendant, the driving distance is relatively not clear, and the fact that there is no penalty imposed, etc., shall be considered as favorable to the Defendant. In addition, taking into account the Defendant’s age, character and conduct, health conditions, means and results of the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant pleadings,