도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
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 January 24, 2019, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and has the record of violating Article 44(1) of the Road Traffic Act.
【Criminal Facts of Crimes】 Around 08:00 on August 6, 2020, the Defendant driven a motor vehicle of E G70 Nos. 70 while under the influence of alcohol at approximately 4km from the 0.10% alcohol concentration to the front road of the Dong-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Control-related photographs, copies of the ledger of drinking meters used, notification of the results of the regulation of drinking driving, report on the situation of drinking drivers, investigation report, response to requests for appraisal, and inquiry into the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect the defendant's mistake, and the defendant again committed the crime of this case despite the fact that the defendant had been punished once for the same crime. The defendant's blood alcohol concentration and operational distance, and other defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be determined as ordered in consideration of all the circumstances after the crime.