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 January 26, 2007, the Defendant received a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Branch of the Daegu District Court on January 26, 2007, a fine of KRW 2 million for the same crime in the same court on December 31, 2009, and a fine of KRW 6 million for the same crime in the same court on December 13, 2012.
On 27, 2020, around 02:41, the Defendant driven a Egrop vehicle in the state of alcohol alcohol concentration of about 4 km from the front of the Dong-si B apartment Cdong to the front play of D in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant’s legal statement, notice of the result of the regulation of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Relevant Articles 148-2(1) and 44(1) of the Road Traffic Act, Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following favorable circumstances among the reasons for sentencing) concerning the relevant criminal facts, the selection of a sentence, and the discretionary mitigation of imprisonment;
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been punished five times by a fine due to drunk driving, and the degree of blood alcohol concentration in the instant case exceeds the criteria for the revocation of driver’s license.
However, the defendant shows the form of recognizing and reflecting his criminal act, and the most recent criminal conviction of the above fine was received in 2012.
These circumstances and other conditions of sentencing, including the defendant's age, character and conduct, environment, motive of crime, circumstances after crime, etc., and various conditions of sentencing as ordered, shall be determined by comprehensively taking into account the following circumstances.