도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
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.
Criminal facts
On February 1, 2011, the Defendant issued a summary order of KRW 2,50,000,000 for a fine due to a violation of the Road Traffic Act at the Incheon District Court, on April 1, 201, a summary order of KRW 3,50,000 for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 1, 201, and on August 12, 2013, a summary order of KRW 5,00,000 for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 12, 2013.
On October 2, 2020, the Defendant driven D K5 automobiles with approximately 600 meters alcohol concentration of 0.181% in blood from around 16:30 around 16:30 to the front road of the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A traffic accident report, a survey report, and an accident scene photograph;
1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has caused an accident that leads to the transfer of a vehicle by shocking the telegraph while driving a motor vehicle under the influence of alcohol, even though the defendant had a history of criminal punishment several times due to driving of alcohol, and such risk is very high.
However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.
In light of the favorable circumstances, such as the fact that the vehicle possessed by the defendant was scrapped, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, sex, environment, family relationship, criminal history, circumstances after the crime was committed, etc., and the details and results of various kinds of sentencing as shown in the records.