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 January 23, 2008, the defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on January 23, 2008, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Chungcheong District Court on April 24, 2008.
【Criminal Facts】
On 22:20 on 04. 07. 04. 22:20, the Defendant driven a rocketing motor vehicle with a blood alcohol concentration of about 0.178% from the 3km section from the roads in front of the Doocheon-si, Ocheon-si, to the roads in front of the C. Doocheon-si.
Therefore, even though the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.
Summary of Evidence
1. Notification of the defendant's legal statement, the report on the situation of a drinking driver, and the inspection of the records of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry records, investigation status (the confirmation of criminal records by the defendant and attachment of summary order);
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments
In 2008, the defendant has been punished twice as a crime of violation of the Road Traffic Act in 2008, and the defendant has been punished as a suspended sentence of imprisonment for other crimes in 201 and 2017.
The favorable circumstances: At the time of crime and the mistake are divided.
Criminal punishment exceeding a fine due to a violation of the Road Traffic Act.