도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of 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
On April 27, 2010, the Defendant was issued a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on April 27, 2010. However, on September 6, 2020, the Defendant driven a C K7 car under the influence of alcohol of KRW 0.089% with a blood alcohol content from the Do near the gold farm located on the Do of Gangseo-si, Gangnam-si, and up to the front road of Gangseo-si, Gangnam-si.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Notification of, investigation report on the results of the crackdown on drinking driving (report on the situation of a drinking driver), investigation report (to attach portal site guidance) and portal site guidance;
1. Previous convictions in judgment: Criminal history records, inquiry reports, application of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself, and requires strict punishment; the Defendant also has the record of being fined twice due to drinking driving; the Defendant is driving under the influence of alcohol again; the Defendant has been driving under the influence of driving under the influence of alcohol again; the favorable circumstances in which the Defendant was driving under the influence of driving under the influence of alcohol again: the Defendant would not drive under the influence of alcohol again; and the Defendant’s age, character and behavior, environment, details of the crime, circumstances after the crime, etc. are considered as having taken into account the various factors of sentencing shown in the records and arguments of the instant case