도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On September 23, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s House.
[2] Around 06:50 on June 30, 2020, the Defendant had been punished for a violation of the Road Traffic Act (driving alcohol), but was under the influence of alcohol level of 0.130% during blood, the Defendant driven a DNA sports vehicle from approximately 9 km away from the front of Pyeongtaek-si B to the front of C at the same time while under the influence of alcohol level of 0.130%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);
1. Notification of the results of regulating drinking driving;
1. A written appraisal;
1. Previous conviction in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of a suspect) statute;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.
Unfavorable circumstances: The fact that a person has already been punished for driving under the influence of alcohol but has re-driving the vehicle, the circumstances leading to the detection, and the defendant's situation at the time, which are favorable to the fact that there was a lot of danger due to the driving: The fact that the person acknowledges and reflects the crime, and that there was no other criminal history