도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On June 18, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court.
【Criminal Facts】
On September 23, 2020, at around 00:12, the Defendant driven a FNAS car at approximately 6.6 Km from the front road in the East Sea C to the front road in Gangnam-si D, and under the influence of alcohol 0.097%, while under the influence of alcohol 0.097%.
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. Statement on the circumstantial statement of the employee;
1. Notification and investigation report of the results of crackdown on drinking driving (report on the circumstances of drinking drivers) and investigation report (the distance of driving specified);
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
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. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: A heavy punishment is required for a crime that may cause harm to the life and body of others as well as a drunk driving; even though the defendant has been sentenced to a fine on one occasion due to a drunk driving, the defendant has a record of being sentenced to a fine on one occasion due to a drunk driving: The defendant's reflects his/her behavior that he/she would not drive under the influence of alcohol again; the defendant has no record of being punished other than the record of a drunk driving on one occasion; and the defendant has no record of being punished other than the records and arguments of the case, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.