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 March 10, 2011, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 16, 2020, at around 22:30, the Defendant driven a D low-speed car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.048% from the 500-meter section from the fest road in Bupyeong-gu, Incheon to the front road in the Bupyeong-gu, Incheon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. For previous records of the defendant's legal statement, the status report on the driver, the record of his/her judgment following the control of drunk driving: Application of criminal records, reply reports (A), investigation reports (verification of the same criminal records as the suspect), and copies of the summary order 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 drinking-water driving with the reason of sentencing Article 62-2 of the Criminal Act requires strict punishment for the crime of causing harm not only to himself/herself but also to another person’s life and body.
Although the Defendant had had the same criminal power, the Defendant committed the instant crime.
On the other hand, it is reasonable to consider the fact that the defendant recognizes the crime of this case and reflects it.
Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing