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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On March 14, 2012, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million by the same court on February 21, 2018.
【Criminal Facts】
On July 2, 2020, at around 17:20, the Defendant driven a DNA car with the blood alcohol concentration of 0.250% in the 5km section from the “C” located in Suwon-si, Suwon-si, to the Shosung C’s private distance in the Seosung-si, Suwon-si, the Defendant driven a DNA car with the alcohol level of 0.250%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant, in 2012 and 2018, caused a traffic accident due to drinking driving, and was sentenced to two times of criminal punishment, and the instant drinking driving was conducted at the same time, and the degree of blood alcohol concentration at the time was very high so that the risk of the occurrence of the accident was high, and the nature of the crime is not good.
However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.