도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 9, 2007, the Defendant was issued a summary order of KRW 700,00,000 as a crime of violating the Road Traffic Act (drinking) by the Suwon Flag method.
Nevertheless, around 23:00 on September 16, 2020, the Defendant driven an E QM5 car while under the influence of alcohol leveling 0.114% during blood alcohol level from the Yongsan-gu apartment parking lot of Yongsan-gu Seoul Metropolitan Government to the front roads of D in the same Gu, approximately 1.5km.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;
1. References to inquiries, such as criminal history, investigation reports (Attachment to a summary order for drinking driving), and application of Acts and subordinate statutes to summary orders;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is subject to punishment once due to drinking, but the Defendant is not subject to punishment for driving under drinking again.
On the other hand, the defendant has no record of criminal punishment in addition to being punished once due to drinking, the court shall take into account various sentencing conditions shown in the arguments of the case, such as the influence of drinking driving and the interval between time and driving of drinking of this case, and the defendant's age, age, sexual behavior, environment, and circumstances after the crime, and determine the punishment as ordered.