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
[criminal record] On March 28, 2011, the Defendant was issued a summary order of KRW 1 million by the Jeju District Court for the crime of violation of the Road Traffic Act.
[Criminal Facts] Around 02:01 on December 12, 2019, the Defendant, while under the influence of alcohol at a 0.122% of alcohol level, was driving a rocketing car at approximately 30 km from the front of the C in Seopopo City B to the front of the D at Jeju, thereby violating Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Statement of a report on investigation into and departure from the police station;
1. Entry of the circumstantial statement of a police officer, report on investigation into the situation, report on detection of a user driver, and report on detection of a user driver, and list of cases reported 12; and
1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) recording of investigation report on the preparation of a prosecutor's report (a suspect's confirmation of the same kind of power judgment
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【Scope of the Punishment under Law” 【Decision of the Sentence 1 to 2 years and 6 months (in the case of discretionary mitigation) 】 Imprisonment with prison labor for one year and 1 year and 2 months (in the case of discretionary mitigation) : The amount of blood alcohol concentration measured by the Defendant at the time of the instant crime is considerably higher than 0.122%; normal circumstances favorable to the Defendant at the time of the instant crime are very high: the Defendant’s mistake is recognized and divided; the instant crime appears to be the Defendant.