도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four 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
On September 29, 2010, the Defendant received a fine of KRW 1.5 million as a crime of violating road traffic laws (drinking driving) from the Jung-gu District Court High Court on September 29, 2010, and a fine of KRW 8 million as a crime of violating road traffic laws (drinking driving), etc. at the Seoul Southern District Court on October 11, 2018.
On October 4, 2020, around 22:18, the Defendant driven Bone Starex motor vehicle under the influence of alcohol content of about 0.222% in the blood alcohol level from around any restaurant located in Mapo-gu Seoul Metropolitan Government to around 465-3 Gangseo-gu Gangseodong 465-3, Goyang-gu, Youngdong 3km-dong.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and notification of the results of crackdown on driving alcohol;
1. Statement on the circumstances of the driver in charge, investigation report (the circumstances of the driver in charge) and response to a request for appraisal; and
1. Previous convictions in judgment: Results of inquiry, investigation report (verification of the previous drinking record), summary order, application of Acts and subordinate statutes of the judgment;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, which the defendant is divided into his/her mistake, and in any case, he/she does not drive drinking in the future.
Defendant has no criminal records of suspended sentence of imprisonment without prison labor or heavier punishment.
Other punishment shall be determined by comprehensively taking into account various circumstances shown in pleadings, such as the defendant's age, sex, environment, motive and background leading to the crime, degree of alcohol during blood, and circumstances before and after the crime.