도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 4, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on April 4, 2008, a summary order of KRW 3 million as a fine for the same crime in the same court on May 3, 201, and a summary order of KRW 7 million as a fine in the same court on September 21, 201, respectively.
On November 10, 2019, at around 20:10, the Defendant driven an E-E-purn-purt-pured car at the section of approximately 3 km from the Do in front of Macheon-si B apartment to the front road of the D Hospital located in Socheon-si C, while under the influence of alcohol content of about 0.048%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, the report on the status of drinking drivers, the report on the status of drinking drivers, and the investigation report (the report on the status of drinking drivers);
1. Application of Acts and subordinate statutes of three copies of a report on criminal records, etc., investigation report (verification of the same kind of power), and summary order;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. In particular, taking into account the following factors: (a) the Defendant rendered a sentence: (b) around 2008; (c) around 201; (d) around 201; (c) around 2012; (d) the record of the previous penal punishment and the record of the instant case for seven years; (d) the blood alcohol content of the instant case was 0.048%; and (e) the Defendant’s old age, was scrapped; and (e) the Defendant did not repeat the instant case; and (e) the Defendant’s age, character and conduct; (e) family relationship; (e) the motive and means of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence shall be determined