도로교통법위반(음주운전)
The sentence against the accused shall be determined by one year and four months of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On May 12, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Jeonju District Court for the violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 17, 2019, the Defendant: (a) around 20:50, while under the influence of alcohol with a blood alcohol content of 0.094% 0.094%, the Defendant driven a car of approximately five meters with approximately 263-3 meters for the e-mailed e-mail under the e-mail.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Notification of the results of the drinking driving control, and photographic images of black stuffs;
1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;
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. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.
- The Defendant has previously been subject to criminal punishment for the same kind of crime, and has a record of having been subject to criminal punishment, such as suspending the execution of imprisonment with prison labor for a different kind of crime.
The advantageous length - The distance of the defendant's drunk driving is very short of five meters, and there is no evidence to readily conclude that the defendant attempted to drive a drunk distance.
- The defendant has no past record of criminal punishment exceeding fine for the same kind of crime.