도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
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] The Defendant received a fine of KRW 1.5 million from the Jung-gu District Court on June 26, 2006 as a crime of violation of the Road Traffic Act, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Seoul Eastern District Court on October 12, 2007, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act in the Suwon-Nam support on February 28, 2014, respectively.
【Criminal Facts】
On November 16, 2019, at around 22:41, the Defendant: (a) driven a car over approximately 2 km section from the roads before Gwangju City to the roads before Gwangju City, while under the influence of alcohol of 0.041% of blood alcohol level.
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. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and a report on the situation of drinking driving;
1. Previous convictions in judgment: Application of criminal records, inquiry reports, summary orders of the same criminal suspect case, and Acts and subordinate statutes attached thereto;
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. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant re-driving a motor vehicle while having been sentenced to a four-time fine due to drunk driving; (b) the blood alcohol concentration, driving distance, place of driving and driving circumstances of the instant case; (c) the Defendant shows an attitude of reflecting the wrongness; (d) there is no penalty record exceeding the fine; and (e) the Defendant is under mental treatment for the aftermath alcohol support group; and (e) the Defendant’s age, character and behavior, career, environment, the background and result of the crime; and (e) the overall sentencing conditions indicated in the instant case, such as the following circumstances, shall be determined as the sentence.