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 October 25, 2012, the Defendant was issued a summary order of KRW 4,000,000 as a crime of violating the Road Traffic Act (driving). On October 23, 2015, the Defendant was issued a summary order of KRW 5,00,000 for the same crime at the Seoul Northern District Court.
【Criminal Facts】
On November 17, 2019, at around 05:47, the Defendant driven Cone Star car with a blood alcohol concentration of 0.121% under the influence of alcohol at the section of approximately three meters of the front road of Seocho-gu Seoul Metropolitan Government.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Place where the drinking results are measured;
1. Investigation report (application of the Tramark Official Form);
1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (report on confirmation of identical records A of a suspect), and statutes;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Taking account of the reasons for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment] 2 to 5 years of imprisonment (the decision of sentence ] 2 years of imprisonment, 3 years of suspended sentence, the Defendant already committed the instant drinking driving even though he had the record of criminal punishment several times due to drinking driving, and the occurrence of a traffic accident is considerably high in blood alcohol concentration, the Defendant’s responsibility for the crime is not easy.
However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's mistake appears to be broken down and against him/her; (b) the victim of traffic accidents agreed smoothly with him/her; and (c) the defendant's age, character and conduct; (d) environment; (e) circumstances after the crime; and (e) various sentencing conditions specified in the arguments of this case, such as the defendant's age, character