도로교통법위반(음주운전)
The punishment of the accused shall be determined by two years of imprisonment.
Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.
Punishment of the crime
[criminal power] The Defendant was issued, respectively, by the Jeonju District Court, a summary order of KRW 1.5 million on June 15, 2010, and a summary order of KRW 3.5 million on February 14, 2012, by a fine of KRW 3.5 million.
【Criminal Facts】
On July 20, 2020, at around 21:51, the Defendant driven a FDap Motor Vehicle in the state of alcohol alcohol concentration of about 0.214% from the front road of the C School located in the Yansan-gu, Seoul Metropolitan City, to the front road located in the Eth of the Yansan-gu, Jeonju-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. Two to five years from imprisonment with prison labor for a prison labor within the scope of punishment by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
The defendant's blood alcohol concentration is very high at the time of the crime of this case.
- The Defendant has had a past record of having been sentenced to criminal punishment for a drunk driving crime on two occasions in the previous time, as stated in its reasoning, and in addition, the Defendant has a past record of having been sentenced to criminal punishment, such as a prison punishment
The favorable circumstances - The defendant has no past record of criminal punishment exceeding the fine due to the same kind of crime, and there is no record of any criminal punishment in the last seven years.