도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 14, 2020, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court.
On June 16, 2020, at around 14:50, the Defendant driven an EMW car with approximately 20 meters alcohol concentration of 0.149% in blood, even though the driver’s license was suspended, at around 14:50, from the street in front of the Belto to the front of the D in the Sinst City, Sinsi.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of the crackdown on the driving of drinking, the influence of drinking, the ledger of driver's licenses, and inquiries about administrative dispositions taken by the main office;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, report on investigation (A), and summary order-making statute;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on April 2020, the defendant was punished by a fine for driving under drinking on or around April 2020, and he was driving under the influence of drinking after about 2 months since the suspension of driver's license.
However, considering the favorable circumstances in which the defendant has no record of punishment exceeding a fine due to drinking driving, the punishment as ordered shall be determined by taking into account the numerical value of drinking at the time of the instant case, the background leading up to the driving and detection, the distance of driving under drinking, the defendant's age, sexual behavior, environment, motive, means and consequence of the instant case, and all of the sentencing conditions specified in the pleadings after the instant crime,