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
On October 22, 2008, the Defendant issued a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, but on July 14, 2019, the Defendant driven a C Stti vehicle under the influence of alcohol level of KRW 0.236% from the front edge of the Sinung-dong in Geumcheon-gu, Geumcheon-gu, Seoul to the front edge of the Sinung-dong in Geumcheon-gu, Geumcheon-gu, Seoul. < Amended by Presidential Decree No. 23504, Jul. 14, 2019>
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the state of standing under the influence of alcohol, investigation report, notification on the control of driving under the influence of alcohol, and report on the status of driving under the influence
1. Requests for appraisal;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The following conditions are comprehensively taken into account: (a) even though the driving force of drinking alcohol was once more, and the blood alcohol concentration level is more favorable: the crime is recognized; (b) there is no record of criminal punishment other than the records subject to punishment once after drinking driving in 2008; and (c) the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, circumstances after committing the crime, etc., and various conditions of sentencing as shown in the trial process.