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 September 19, 2007, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act by the Jung-gu District Court.
On January 22, 2020, the Defendant driven an EM520 vehicle from the section of about 2 km from the front day of the Yangju-si to the D store front day of the Dongbcheon-si, under the influence of alcohol by 0.164% of blood alcohol level around 15:40 on January 22, 2020.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of crackdown on drinking under the influence of alcohol;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation confirmation certificates (a summary order for the same type of case);
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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2000 and around 2007, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.164%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the following factors.