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 August 24, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court as a crime of violation of the Road Traffic Act.
On April 9, 2020, the Defendant driven DN-si car at a section of about 10 meters prior to the “Chyp” road located in Guri-si B while under the influence of alcohol 0.142% of blood alcohol level around 03:09.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports, and summary orders;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Even though the Defendant had been sentenced to punishment for a violation of the Road Traffic Act (driving) around 2007, the Defendant committed the instant crime at the same time, and the blood alcohol concentration in the instant case was 0.142%.
Considering the fact that the defendant cannot pay a high amount of fine due to economic difficulties, and the defendant wants to take into account the age, character and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: