도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, 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
On April 6, 2017, the defendant was sentenced to a fine of 1.5 million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.
On October 15, 2019, the Defendant was under the influence of alcohol of 0.163% of blood alcohol level around 21:30 on October 15, 2019, and the Defendant driven a Enn-car from approximately 300 meters away from the entrance of the Gu Cschool in Seo-gu, Seo-gu, Gwangju to the roads in front of the D market.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the result of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiries, such as criminal records, and statutes;
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 court shall select and punish a criminal defendant's act, including the criminal records of sentencing under Article 62-2 of the Criminal Act, which had already been punished by a fine for two times prior to the crime of this case, considering unfavorable circumstances such as the last drinking driving force and the distance between the crime of this case and the last drinking driving force and the crime of this case, and the degree of blood alcohol concentration, and shall impose a suspended sentence in consideration of the circumstances favorable to the defendant's act: Provided, That there was no record of punishment exceeding the fine prior to the crime of this case and the fact of recognizing his mistake, etc.
In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.