도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and three 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
[Criminal Power] On May 1, 2007, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act by the Daegu District Court.
【Criminal Facts】
On May 7, 2020, at around 01:40, the Defendant driven a Matri-type car in the state of alcohol with the blood alcohol concentration of 0.189% from around 1km to the same Si university from around 279, from around 01:40 to around 279 to the same Si university.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Criminal records in the judgment of the accused in his/her legal statement, inquiry into the results of the crackdown on drunk driving, driving, and the investigation report on his/her oral statement (roadly, the suspect): Application of Acts and subordinate statutes of the summary order attached to the criminal records, etc. inquiry and investigation report;
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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.
Unfavorable circumstances: The defendant, even though he had a record of being punished for drinking driving, repeated the drinking driving again.
Blood alcohol concentration is very high.
On the road, under the influence of alcohol, there was a risk of traffic safety.
The favorable circumstances: The crime is recognized.