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
On March 4, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000 as a fine in the same court on February 1, 2011.
On June 12, 2020, at around 22:10, the Defendant driven a FMW car under the influence of alcohol concentration of about 0.10% at the section of about 2 km from the front of the convenience store C in Yangsan City B to the front of the Eth in Yangsan City D.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);
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 reasons for sentencing under Article 62-2 of the Criminal Act [the scope of statutory punishment] 1 year to 2 years and 6 months / [the sentencing guidelines] are not set (the sentence sentence] 1 year of imprisonment. In addition to the sentencing circumstances for the defendant as follows: the defendant's age, family relation, growth process, character and behavior, living environment, circumstances and results of the crime of this case, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, shall be comprehensively considered.
D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished four times due to a drunk driving, but he/she is more favorable to the driving of the instant case: The defendant is against the defendant.