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
On November 25, 2013, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on November 25, 2013.
Nevertheless, at around 22:06 on July 17, 2020, the Defendant driven a DNA car under the influence of alcohol with a level of 0.107% alcohol concentration from about 4 km to the amnitool in the same 33-50 lutool, which is located in the front of the Jinjin-gu B apartment in Seoul Special Metropolitan City, Seojin-gu, 2020.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, 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. It is ordered as ordered in consideration of the defendant's records of drinking driving (no other criminal record exists), blood alcohol concentration and value of the defendant's blood alcohol level, the situation at the time of the crime of drinking driving as stated in the judgment (the police's drinking control is discovered), the circumstances after the crime (which seems to have been transferred at the time of driving), the defendant's reflect attitude, and other various sentencing conditions shown in the trial process, such as the defendant's age, character and behavior, character and environment, as well as various sentencing conditions shown in the trial process.