도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
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 January 4, 2007, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 1 million as a fine at the Jung-gu District Court on September 30, 2013, respectively. < Amended by Act No. 11904, Sep. 30, 2013>
On January 7, 2019, at around 21:03, the Defendant driven a eF B-car in the state of alcohol alcohol concentration of approximately 0.083% from the section of approximately 300 meters to the front road of Yangju-si, in which the trade name in Yangju-si B is unknown.
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, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment for six months to one year and six months;
2. No sentencing criteria shall be set;
3. The Defendant, while under the influence of alcohol content 0.083%, driven a car with approximately KRW 300m alcohol.
The defendant has been punished for the crimes of violation of the Road Traffic Act around 2003, around 2005, around 2007, and around 2013.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the blood alcohol concentration and distance of such accused; (b) the driving distance; (c) the content and distance of the previous penal records; and (d) the age and character of the accused; (b) family relationship; (c) motive and means of the offense; (d) the circumstances after the offense; and (e) the life sentence of the prosecutor