도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four 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 August 21, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on June 19, 2013, a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 1,000 for a violation of the Road Traffic Act.
On 06:20 on 08, 2020, the Defendant driven Cbe New Car under the influence of alcohol leveling of about 0.107% from the section of about 20km from the Yridong in Gangnam-gu, Seoul to the Goyang-si roads.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The application of Acts and subordinate statutes to the defendant's legal statement, statement, drinking driving control results, inquiry into criminal records, investigation reports (verification of criminal records of the same kind as the suspect) and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
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 Act was that the Defendant had been punished for drunk driving in 2012 and 2013, but was also driving under the influence of alcohol, and the instant accident occurred due to the driving under the influence of alcohol.
In addition, the defendant has been punished three times for driving without a license.
On the other hand, the defendant again does not commit such a mistake.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.