도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and four 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
[Criminal Power] On September 27, 2013, the Defendant was sentenced to a summary order of KRW 5 million at the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and on July 4, 2014, the Defendant was sentenced to a suspended sentence of two years in August.
【Criminal Facts】
On June 30, 2020, at around 22:31, the Defendant driven a FMW X5 car in the state of alcohol alcohol concentration of approximately 0.237% at the 20km section from the front of the road located in Chuncheon-si B to the front of the road located in Chuncheon-si D.
Summary of Evidence
1. Investigation report on the accused's legal statement (official application of the suspect mark);
1. Inquiries about the results of crackdown on drinking driving, report on the circumstances of drinking drivers, report on the circumstances of drinking driving, and response to requests for appraisal;
1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;
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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been two times or more before the defendant was involved in drunk driving, and the crime is not good, and the defendant's blood alcohol concentration is very high, and the distance of the defendant's driving is very big.
However, considering the fact that the defendant does not drive under the influence of alcohol again, etc., the fact that there is no traffic accident due to the crime of this case, and there is no criminal record subject to punishment for the defendant.
In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.