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 September 12, 2008, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on August 31, 2016, respectively.
On August 14, 2020, at around 07:50, the Defendant driven a Fben E220d car with a blood alcohol concentration of about 400 meters from the front of the c club neighboring the Ulsan-gu C clubs to the front road located in the same Gu E in the same Gu.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to the same type of power decision), and application of Acts and subordinate statutes governing summary order;
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 grounds for sentencing under Article 62-2(1) of the Criminal Act for probation and order to attend a lecture [the scope of the punishment by law] The sentence is not set in one year or two years or six months [the sentencing guidelines]. The sentence shall be set as the order, comprehensively taking into account all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, circumstances after the crime, etc., along with the suspended sentence of two years or more, and the probation and order to attend a lecture.
Unfavorable circumstances: a dangerous criminal who may cause fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished twice due to drinking driving, and there has been two times of punishment.