도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 28, 2011, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Incheon District Court's Busan Branch Branch.
On September 5, 2019, at around 20:0, the Defendant driven an E rocketing car with approximately 00 meters alcohol concentration of 0.136% in the section of approximately 200 meters from the 200 meters away from the Kim Jong-si Kim Jong-dong parking lot to the roads near the Ddong of the same apartment.
Summary of Evidence
1. The actual condition of each police's statement concerning F of the defendant's legal statement, and evidence photograph;
1. Notification of the results of the crackdown on driving under influence of alcohol, and the report on the circumstantial statement of a drinking driver c.;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation conditions Acts and subordinate statutes;
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. 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 extenuating circumstances among the reasons for sentencing);
1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime, even though he/she had a record of punishment for drunk driving, and the occurrence of traffic accidents is disadvantageous to the Defendant.
However, in comprehensive consideration of various circumstances shown in the trial process of this case, such as the fact that the defendant's mistake is recognized and reflected, the fact that the motor vehicle comprehensive insurance was subscribed to, and the defendant's age, character and conduct, family relationship, and environment, the punishment as ordered shall be determined.