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 June 28, 2013, the Defendant received a summary order of KRW 4 million for a fine for the violation of the Road Traffic Act, etc. from the Youngcheon District Court's Young-gu branch.
On October 16, 2019, at around 19:41, the Defendant driven a FM3 vehicle while under the influence of alcohol leveling 0.052% of alcohol level from approximately 2 km to the front road of “E” in the front of the restaurant “C” cafeteria B, Gangwon-gun, Gangwon-do, to the front road of “E” in D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, alcohol measuring photographs, and report on the circumstances of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
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 recommending sentences: Non-application of the sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.052%, driven a car about 2 km in a state of alcohol.
In 2013, the Defendant was punished for a fine of KRW 4 million due to drinking and driving without a license.
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) various sentencing conditions shown in the records and arguments of this case