도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 June 25, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on June 25, 2007; on November 12, 2009, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; on October 8, 2013, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; and on November 20, 2013, the same court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.
Criminal facts
On February 4, 2019, at around 17:31, 2019, the Defendant driven an E Costaex van with the alcohol level of about 0.115% from the 20km section, from the front of the C cafeteria located in the Danan-Gun B to the front of the same military road.
As a result, the defendant was driving a motor vehicle again while under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Detection and report (D), notification of the results of the regulation of drunk driving, report on the circumstances of a drinking driver, investigation report, internal investigation report (report on the circumstances of a drinking driver), CCTV for crime prevention and closure photographs of patrol booms;
1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report, a summary order, etc., and application of Acts and subordinate statutes to report internal investigation (the record of a suspected suspect's driving under influence of alcohol);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act was four times the criminal records of punishment for drunk driving, the criminal defendant repeated his/her drinking driving at once, and the drinking alcohol level is also low.
However, the circumstances favorable to the defendant are that the defendant is led to confession and reflect, and that there is no record of drinking driving during the last five years.