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
[Criminal Power] On February 17, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on February 17, 2017.
【Criminal Facts】
On April 24, 2020, at around 22:37, the Defendant driven a Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Investigation report on the defendant's legal statement, the result of supervision of drinking driving, the results of supervision of drinking driving, the statement on the state of drinking drivers, the investigation report (the place of departure for drinking driving and correction of driving distance)
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving under the influence of alcohol is likely to increase the possibility of a traffic accident, and thus may result in an unforeseen act to the life and home of another person as well as the dangerous criminal; the defendant has a history of being punished for a violation of the Road Traffic Act; circumstances in which the distance of driving under the influence of alcohol is considerably favorable: The defendant divided his/her mistake and reflects his/her behavior; and other conditions of sentencing specified in pleadings, such as the defendant's age, character and behavior, motive, means and consequence of the crime;