도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
On August 9, 2013, the Defendant was issued a summary order of KRW 1 million with fine for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on August 9, 2013; on February 18, 2014, a summary order of KRW 2.5 million with the same crime, etc. at the Seoul Central District Court on February 18, 2014; on March 4, 2015, a summary order of KRW 6 million with the same crime, etc.
On May 9, 2019, at around 01:42, the Defendant driven a B low-speed car under the influence of alcohol content of about 8km from the road located in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu to the road at the point of 34-8, Chungcheongnam-dong, Gyeonggi-do, Gyeonggi-do, to the point of 88.1km in the direction of the Seoul outer Highway (Seoul), the Defendant driven a light alcohol level of about 0.120%.
As a result, the defendant has violated the prohibition of drinking under the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (proving three times the records of driving under influence of a suspect);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;
Disadvantageous circumstances: The blood alcohol concentration of the defendant is reasonable.