도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two 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
On November 5, 2012, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on November 5, 2012, and a summary order of KRW 5 million as a fine in the same court on March 6, 2014, respectively.
Criminal facts
On July 27, 2020, at around 04:00, the Defendant driven an E-motor vehicle under the influence of alcohol with approximately 4.5 km alcohol concentration of about 0.145% from the roads near the mutually unstable station located in Nam-si, Namyang-si, the Namyang-si.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs, reports on the state of the driver, and investigation reports (report on the state of the driver);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);
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. Even though the Defendant had been punished for a crime of violation of the Road Traffic Act around 2012 and around 2014, the Defendant committed the instant crime. At the time of the instant case, the Defendant’s blood alcohol concentration reaches 0.145%.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.