도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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
[Criminal Power] On January 29, 2007, the Defendant was notified of a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Daegu District Court.
【Criminal Facts】
On September 19, 2019, the Defendant: (a) driven a e-turged vehicle with a blood alcohol concentration of about 0.170% at the section of about 3km from the influent land of Daegu (B) around 00:47 to the front road of the D University located in the Seodaemun-gu in the same month, and violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of any offender of a violation of the Road Traffic Act and a report on investigation into such offender;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Criminal records as indicated in the judgment: The results of inquiry and the application of the Acts and subordinate statutes of the same kind of crime;
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. The reason for sentencing under Article 62(1) of the Criminal Act, despite the past records of criminal punishment once due to drunk driving, repeating the same crime.
At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.170%.
In light of these points, it is necessary to strictly punish the defendant.
However, as seen earlier, the fact that the defendant has been fully aware of the facts of the crime and that there is no record of criminal punishment other than a fine imposed once due to a drunk driving, etc. shall be considered as favorable to the defendant. Other factors such as the defendant's age, character and behavior, environment, family relationship, home environment, circumstances of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of the case.