도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 17, 2017, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on the grounds of the violation of the Road Traffic Act. On April 17, 201, the Defendant driven the kick kick kick, a motor bicycle, from the back side of the gas station located in Seocho-gu Seoul at around 00:45 on April 01, 2020 to the road of the gas station located in Seocho-gu at approximately 30 meters away from the side of the oil station located in Seocho-gu Seoul to the road of the gas station located in Seocho-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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. The fact that the sentence of Article 62(1) of the Criminal Act can only be imposed prior to the drinking of reasons is disadvantageous to the defendant.
However, the distance of drunk driving is about 30 meters only, and this case is operated not by a general vehicle, but by the electric kickboard. The electric kickboard driving is relatively minor compared to a general vehicle, the possibility of criticism is relatively minor, the defendant must support three children living alone, and it is against the depth of the crime of this case.