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 November 14, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court. On October 5, 2018, the Defendant was issued a summary order of KRW 2 million for the same crime.
【Criminal Facts】
On April 29, 2020, at around 22:45, the Defendant driven C-II cargo vehicle while under the influence of alcohol content of about 0.134% at approximately 15 meters from the Dobong-ro in Seoul Special Metropolitan City to the front road in Seoul Special Metropolitan City.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Previous convictions on the defendant's statutory statement, written confirmation of breath test (report on the situation of the driver): Application of the inquiry results, investigation reports, and summary order 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 reason for sentencing under Article 62-2 of the Criminal Act, even though there was a history of punishment for drunk driving around 2008 and around 2018, the Defendant engaged in the instant drinking driving, and the blood alcohol concentration was considerably high, and the responsibility for the relevant crime is not minor.
However, considering the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving of this case, and other various circumstances that form the conditions for sentencing indicated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined.