도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 November 10, 2015, the Defendant was issued a summary order of KRW 1,500,000 by the Seoul Northern District Court as a crime of violating the Road Traffic Act.
On November 20, 2019, at around 23:30, the Defendant driven an E rocketing car with approximately 300 meters alcohol concentration 0.115% under the influence of alcohol from the 300-meter section from the road side of the Chinese house to the road of Gyeonggi-gun C Apartment Ddong.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, notification on the results of the drinking driving control, and report on the situation of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2015, the sentence sentence is determined by comprehensively taking account of the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments of the instant case, such as the distance between the previous penal records and the instant case, the distance between the blood alcohol content of the instant case, and the distance of driving is 0.15% and 300 meters.