도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 30, 2016, the Defendant received a fine of KRW 3,50,00 as a crime of violating road traffic law (drinking) in the Goyang Branch of the District Court of Jung-gu on May 30, 201.
On October 12, 2020, the Defendant driven C Lastren car under the influence of alcohol content of about 0.123% in the 3m section of blood at around the 07:13m from the B B B, to the said Bara parking lot.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);
1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;
1. Previous convictions: Application of the Act and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment to the same type of judgment, etc. attached thereto);
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing in Article 62-2 of the Criminal Act, which states that the defendant's mistake should not drive drinking in any case in the future.
Defendant has no criminal records of suspended sentence of imprisonment without prison labor or heavier punishment.
There are circumstances to consider the motive and circumstances leading to the Defendant to commit the instant crime.
In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in pleadings, such as the defendant's age, sex, environment, blood alcohol concentration, and circumstances before and after the crime.