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
On April 21, 2011, the Defendant received a summary order of KRW 2,50,00,000 from the Jung-gu District Court for the crime of violation of the Road Traffic Act.
On November 24, 2019, at around 08:40, the Defendant driven Cran-car under the influence of alcohol content of about 2 km from the road near Singu-si B to the private-IC road located in Dong-dong-ro 478, Dong-gu-dong-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. 112 reported case handling table;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of case), and application of Acts and subordinate statutes of the 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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has been punished for the same kind of crime, such as drunk driving and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before.
Nevertheless, while driving under the influence of the blood alcohol concentration of 0.09%, the vehicle was destroyed on the road boundary stone and returned home without leaving the vehicle on the site as it is.
In light of the circumstances of the crime, the nature of the crime is not good.
However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.