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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[B] On March 27, 2006, the Defendant was punished by a fine of KRW 700,000 for the violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong Housing Site Board, and a fine of KRW 2.5 million for the same crime in the same court on May 31, 2011, respectively.
【Criminal Facts】
On July 4, 2020, at around 23:10 on July 4, 2020, the Defendant driven a motor vehicle with Dentst alcohol level of about 0.183% while under the influence of alcohol level of about 20 meters from the front of Gyeonggi-si B to the front of C at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);
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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case