도로교통법위반(음주운전)
The punishment of the accused shall be determined by one year and two months.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On September 14, 2006, the Defendant was issued a summary order of KRW 1 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 00:50 on August 19, 2019, the Defendant driven D-Wz car around 100 meters from the influent restaurant on the trade name in the front city of the front city of the front city to the front of the restaurant in B, while under the influence of alcohol of 0.058% of blood alcohol concentration.
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. Notification of the control of drinking driving;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
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 on probation and community service order;
1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
The defendant has previously been subject to criminal punishment for the same kind of crime, and has a record of having been subject to criminal punishment for the suspension of execution of imprisonment for a different kind of crime.
Nevertheless, the crime of this case was committed again.
If the circumstances shown in the records of this case are delayed, it seems that the distance in which the defendant was trying to drive under the influence of alcohol would not have been long.
- At the time of the instant crime, the Defendant’s blood alcohol concentration is not very high.