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.
Criminal facts
On November 25, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on November 25, 201, and a summary order of KRW 3 million for the same crime in the same court on July 14, 2015.
On August 27, 2019, the Defendant driven a Dent-hand car with a blood alcohol concentration of 0.211% under the influence of alcohol on the front of the B apartment Cdong, 23:37.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
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 is very negative that the defendant's act of leaving the place of accident after causing an accident while driving an accident under the influence of alcohol again even though he/she had a record of criminal punishment several times due to drinking driving, etc.
However, under the circumstances, the defendant seems to have a profoundly against his mistake, once again disposes of the vehicle possessed by him while not driving under the influence of alcohol, and the defendant's family members and branch members are asserting that he will not drive under the influence of alcohol again, and the defendant is responsible for supporting his wife and young children, the defendant's age, character and behavior, environment, criminal records, the circumstances and results of the crime of this case, the circumstances after the crime of this case, etc. shall be considered and the punishment as ordered shall be determined as per the disposition.