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
[criminal power] On November 5, 2014, the Defendant issued a fine of KRW 7 million as a crime of violation of the Road Traffic Act, etc. in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on April 15, 2014; a fine of KRW 4 million as the same crime in the same court on April 15, 2014; a fine of KRW 1 million as the same crime in the same court on August 6, 2009; and a fine of KRW 3 million as the same crime in the same court on October 31, 200.
【Criminal Facts】
On May 30, 2020, at around 13:39, the Defendant driven D1 ton cargo vehicles while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.148% from the front side of the Gangnam-gun, Gangnam-gun, Seoul to CF, while under the influence of alcohol.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on the circumstances of a driving driver, and report on the control of drinking driving;
1. Before ruling: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;
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 reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.