도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
On December 20, 2006, the Defendant issued a summary order of KRW 3 million for a fine of KRW 3 million for a violation of the Road Traffic Act (driving in drinking), and on May 30, 2013, which was sentenced to a fine of KRW 3 million for the same crime, and on August 9, 2017, the Defendant was sentenced to a suspension of the execution of six months for the same crime. However, on November 6, 2020, the Defendant driven a DNA car from “C” in the same year before “C” in the same year in the same year in the same year, around November 6, 2020 to the front of the fire station in the same year in the same year from “Y” in the same year in the same year, around 03:22, around the same year.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking alcohol and investigation report on the situation of the driver in charge of drinking alcohol ( CCTV images for the purpose of drinking alcohol and images of the caps);
1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as inquiries about the results of crackdown on driving alcohol, criminal history, and investigation reports (the same records of the suspect after June 1, 2006);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. In light of the fact that the Defendant, who had been punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, has been punished for the suspension of execution, once again repeated the instant crime, and that the degree of the principal offender is very serious, the sentence of imprisonment cannot be avoided.
However, the term of punishment as ordered shall be determined within the scope of mitigation of statutory punishment by comprehensively taking into account all the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the confession and reflect of crimes, the age of the defendant, family environment, etc.