도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two 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】 On December 22, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court.
【Criminal Facts】 On January 18, 2020, the Defendant driven a E-motor vehicle while under the influence of alcohol with about 0.210% of the blood alcohol concentration on the road located in the front of the Gangseo-gu Seoul Metropolitan Government (D elementary school located in the same Gu C) on the front of the D elementary school located in the same Gu B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Criminal records as stated: Application of criminal records, inquiry reports, and copies of summary order 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below, at least two years thereafter.
The defendant's blood alcohol concentration is very high.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
There is no record of supporting the family as the defendant, and being punished more than a fine.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.