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 March 12, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2008, a summary order of KRW 1.5 million with the same crime from Daegu District Court on October 21, 2008, and a summary order of KRW 1.5 million with the same crime at the Ulsan District Court on September 15, 2009, and a summary order of KRW 3 million with the same crime was issued by the Ulsan District Court on September 15, 2009. On August 9, 2010, the Defendant was sentenced to a suspended sentence of six months with imprisonment for the same crime at the Ulsan District Court on June.
On July 14, 2020, at around 00:05, the Defendant driven a car F 80 vehicle while under the influence of alcohol concentration of about 0.219% from the 3km section of approximately 3km to the front of the E-school, located in the same city D, prior to the C cafeteria, and up to the front of the E-school.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. An inquiry report, such as a criminal history;
1. Application of Acts and subordinate statutes to report on investigation (the previous record and confirmation of a suspect);
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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 reasons for sentencing under Article 62-2 of the Criminal Act, the background of the instant crime, the blood alcohol concentration (0.219%) of the instant crime, the criminal records, and the fact that the parents are supporting the old parents, and other factors of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc., shall be comprehensively considered.