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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 21, 2018, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.
On May 19, 2020, the Defendant, despite the power of violating the prohibition of drunk driving, driven Eco-sports cargo vehicles at approximately 200 meters in the section of approximately 00 meters of alcohol level 0.110% of alcohol level, from May 19, 202 to the front road of D located in C.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect driving records) and Acts and subordinate statutes;
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. 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;
1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the background leading to the instant crime for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the Defendant’s reflection on the crime, etc.