도로교통법위반(음주운전)
The sentence against the accused shall be determined by one year and six months of imprisonment.
Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.
Punishment of the crime
On October 30, 2019, around 09:05, the Defendant driven a Fland knife vehicle with a blood alcohol concentration of about 0.158% from the front of the “Cropian Conference” on the road located in the Yansan-si, Seoul Metropolitan City to the Egra distance located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Notification of the results of the drinking driving control, the report on traffic accidents, the actual condition survey report, and the application of statutes governing accident site photographs;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. One year to two years from imprisonment with prison labor within the applicable range of punishment by law; and
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The time when the crime of this case occurred, and the defendant's drinking time is viewed as the preceding day, but the defendant's blood alcohol concentration at the time of the crime of this case is considerably high.
(Therefore, the crime of this case is so-called so-called "nive driving". - The defendant committed a traffic accident while driving under the influence of alcohol.
- The Defendant previously had a record of being sentenced to fines twice due to the same kind of drinking driving crime, etc., and had a record of having been sentenced to multiple criminal punishment due to the same kind of and different types of crimes.
There is no record of criminal punishment exceeding a fine in favor of the defendant.