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
On December 1, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
On September 10, 2019, the Defendant driven a mati vehicle under the influence of alcohol with approximately 0.082% of alcohol content 0.082% in the 2km section from the front of the Dori-si Park Park for the head of Gui-si, 878, Goi-si to the front of the Dori-si, to the front of the Dori-si, 175 earth and sand.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of one copy of the inquiry report on criminal records, investigation report (verification of the same kind of power, etc.), three copies of the summary order, and one copy of the judgment;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Even before the reason for sentencing Article 62-2 of the Criminal Act, the defendant has been punished several times for the same kind of crime, such as drinking, driving without a license, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.082%.
However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.