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] On October 4, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.
【Criminal Facts】
On May 19, 2020, at around 16:32, the Defendant driven the Epex motor vehicle under the influence of alcohol concentration of about 0.206% from the section of about 1km from the road in front of the dwelling of the Defendant in Chungcheongnam-gun B to the road in front of the D Elementary School in C.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employer, investigation report, and control manual;
1. A written appraisal of blood alcohol and a report on investigation (applicable with the Madmark);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.
D. Unfavorable circumstances: (a) repeatedly commits the same kind of crime even though he/she had been punished once every seven years; (b) the degree of blood alcohol concentration is extremely favorable; (c) the degree of mistake is recognized and reflected; (d) there is no injury to others; and (c) there is no previous conviction exceeding a fine.