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 July 5, 2019, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Daejeon District Court.
On June 11, 2020, at around 02:11, the Defendant driven a C Sti-type car under the influence of alcohol concentration of approximately 0.164% from the section of approximately 1km from the front day of the alcohol house in the mutual unfluent base located in the petition area to the front day of the same Gu B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
(a) Unfavorable conditions: The fact that the instant crime was committed again despite having been punished for drunk driving, such as a previous conviction, and that the blood alcohol concentration was high, etc.;
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.