도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On October 13, 2008, the Defendant was issued a summary order of KRW 2 million by the Busan District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the Changwon District Court on June 23, 2014, respectively.
【Criminal Facts】
On March 9, 2020, at around 03:05, the Defendant driven a D-hurd vehicle with a blood alcohol concentration of about 0.125% while under the influence of alcohol at approximately 3.7 km from the front day of Kimhae-si to the same C-hurd parking lot.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal history records, inquiry reports, judgment, application of summary order-related 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.
Unfavorable circumstances: The harm of drinking driving, traffic-related previous records (four-time driving and three-time driving without a license), considerable degree of blood alcohol concentration, etc.: The defendant repents and reflects his/her mistake, and his/her dependents, etc.