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 Power] On April 18, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court for a violation of the Road Traffic Act.
【Criminal Facts】
On June 2, 2020, at around 03:35, the Defendant driven CK5 vehicles under the influence of alcohol with approximately 7km alcohol concentration of about 0.125% from the 7km section to the administrative road in the Gangseoland, which is located in the same Do of Gangwon-do, Gangwon-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking driving, the circumstantial statement of a drinking driver, and the fact of crackdown on drinking;
1. The results of inquiry and the application of the summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;
2. Scope of recommending sentences: Non-application of the sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.125%, driven a car about 7 km in a state of alcohol.
Defendant has been punished three times for a drunk driving in 2002, 2004, and 2014.
The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of