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 April 18, 201, the Defendant was issued a summary order of KRW 2 million at the Changwon District Court as a crime of violation of the Road Traffic Act, and KRW 4 million at the Busan District Court on September 2, 2014 as the same crime.
On December 25, 2019, at around 04:00, the Defendant driven a F-burged vehicle under the influence of alcohol concentration of about 4.8km from around 0.132% in the section of approximately 4.8km from the front road in Seongbuk-gu, Changwon-si, Sungwon-si, to the front road of E sales outlet located in Changwon-si D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control of drinking driving, the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal history records, etc. and application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of criminal records of sound driving);
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. The main sentence of Article 62 (1) of the Criminal Act;
1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of blood alcohol concentration, driving background, and the same criminal record as major sentencing factors, the Defendant’s mistake is recognized, and the Defendant does not have any criminal record other than fines, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the pleadings, such as circumstances after the crime, shall be comprehensively taken into account, and the execution of the sentence shall be suspended on the premise that the community service duty is faithfully performed.