도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
except that 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 November 3, 2004, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court as the same crime on April 12, 2007, respectively.
【Criminal Facts】 Around July 28, 2020: (a) the Defendant driven a 7 km D-cr cruise car at the front of Gangseo-gu Seoul Metropolitan Government on the front of the road, Yeongdeungpo-gu, Seoul, while under the influence of alcohol of 0.208% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and appraisal report on blood alcohol concentration among the drinking drivers;
1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (Attachment to the same type of force decisions);
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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of punishment several times due to drunk driving, as stated in the judgment of the court below.
The defendant's blood alcohol concentration level is very high, and the distance from drinking is also visible.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
There is no history that the defendant has been punished more than a fine.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.