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 May 16, 2012, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on November 27, 2012 to a fine for the same crime.
On April 4, 2019, around 23:56, the Defendant driven DMW car in the state of alcohol alcohol concentration of approximately 0.166% from the section of approximately 27 km of blood alcohol in the south-si, B apartment Cdong underground parking lot from Songpa-gu Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of two copies of the criminal history records, investigation reports, and summary order under two Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, the crime of this case was committed while driving under the influence of 0.166% of the blood alcohol concentration in the second blood.
The defendant, while driving a breag in the influence of alcohol, reported another vehicle in the vicinity to 112 and discovered the fact of driving a breag in the influence of alcohol.
However, it shall be considered in light of the favorable circumstances that the defendant recognizes the crime of late late and reflects against the defendant, and that there is a family member to support, such as young children, etc.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.