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 April 20, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court as a result of the violation of the Road Traffic Act.
On August 28, 2020, at around 05:25, the Defendant driven C K7 car under the influence of alcohol with a blood alcohol content of about 0.199% at the section of approximately 2.5 km from the Gangwon-gun Bpanch in the same military tyle, 1671, to the upper intersection.
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 situation of running a driving under the influence of alcohol, report on the circumstantial statement of a driving under the influence of alcohol, notification of the results of the crackdown on drinking alcohol, and photograph of measured
1. Application of Acts and subordinate statutes to inquiry reports and 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;
2. Scope of recommendations: Non-application of the sentencing criteria.
3. The Defendant, who was sentenced, driven a vehicle around 2.5 km while under the influence of alcohol 0.19% in blood alcohol concentration.
The defendant has a record of being punished for a fine of two million won due to drinking driving in 2018.
The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of