도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 7, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Branch Branch on May 7, 2007.
On July 4, 2020, around 22:15, the Defendant driven a Category 1 km car under the influence of alcohol level of 0.093% during blood alcohol level from the front route of the Yongsan-gu Permanent Residential Residential Residentship 2 in Yongsan-dong 931-4, Yongsan-gu to the front route of the restaurant located in the same Gu B.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;
1. Notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;
1. Previous conviction: Application of a written inquiry about criminal history, inquiry into criminal history, investigation status (one previous calendar), and summary order-making Acts and subordinate statutes;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The sentence shall be determined as ordered by comprehensively taking account of the following factors: (a) even though there was a history of criminal punishment of fines on one occasion due to driving under the influence of alcohol on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the status of the same crime is relatively high; (c) the time and reflects the fact of the crime; and (d) the favorable circumstances, such as the fact that the same criminal record has been relatively old; and (e) the Defendant’s age, sex behavior, environment, family relationship, family environment, the circumstances after the crime, and the circumstances after the crime, etc.