도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and four 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
On January 15, 2013, the Defendant was sentenced to a suspended sentence of two years in the six-month period due to a violation of the Road Traffic Act (refluence of the measurement) at the Chuncheon District Court on January 15, 2013, and was engaged in driving four times.
On October 19, 2019, the Defendant, while under the influence of alcohol at around 0.19:33, driven a B-ho vehicle from the 27 km section to the front road of the "Sacheon-gu Hongcheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-do Sacheon-do Sacheon-do Sacheon-gu 11.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Report on the circumstantial statements of a drinking driver, the results of regulating drinking driving, the inquiry into the vehicle, criminal records, etc., investigation reports (report attached to the judgment, etc. of the same kind), judgment, and application of Acts and subordinate statutes attached to summary orders;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound);
1. Selection of imprisonment with prison labor chosen;
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 under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. seems to have shown the defendant's attitude to reflect his/her criminal act, and the fact that any additional damage has not occurred to others due to drinking driving, etc. are favorable to the defendant.
However, the defendant was sentenced to a fine on three occasions due to drunk driving (2004, 2011, and 2012), and the suspension of one-time imprisonment with prison labor due to refusal to take a drunk test (2013), and even though there was a criminal record of the crime, the defendant is also sentenced to a disadvantage against the defendant.
Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as