도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
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
[Criminal Power] On January 18, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court.
【Criminal Facts】
On February 28, 2020, the Defendant driven a B 3 truck with blood alcohol concentration of approximately 0.105% in a section of about 14km from the 14km to the front road of the Heung-si Office of Heung-si, Seoyang-gu, Seoyang-gu, 1429, both-si, Goyang-si, Goyang-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, investigation report, and notification of the results of crackdown on driving under the influence of alcohol;
1. Application of Acts and subordinate statutes to an inquiry report, criminal record, etc.;
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 reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has already been sentenced to four times or more due to the crime of drunk driving, and the defendant committed the crime of drunk driving.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
There is no record that the defendant has been sentenced to a suspended sentence or heavier punishment.
It is the last punishment of the defendant due to the crime of drunk driving in 2013.
This is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.