도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final and conclusive.
Punishment of the crime
【Criminal Power】 On September 21, 2017, the Defendant was issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act in the Ansan District Court’s Ansan Branch on September 21, 2017
【Criminal Facts】 On October 13, 2019, at the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government, the Defendant driven a Csti-type car under the influence of alcohol with approximately 0.053% of alcohol content at the section of about 100km to Hongcheon-gun, Hongcheon-gun, Sacheon-do.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver 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 to investigation reports (the confirmation of the same type of 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below, if he had committed the instant crime.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
There is no record of punishment in addition to the fine stated in the judgment of the defendant.
The defendant's blood alcohol concentration is not high.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.