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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On April 2, 2013, the Defendant issued a summary order of KRW 5 million at the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (refluence of measurement), and on June 13, 2014, the above court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (refluence of noise measurement).
2. On June 24, 2020, around 01:11, the Defendant driven a B rocketing car with a blood alcohol content of about 0.125% under the influence of alcohol over about 3.7km from the front day of the main point where it is impossible to identify the trade name in the Southern-gu Incheon Metropolitan City, Nam-gu to the front day of the 199-ro, Nam-dong, Nam-gu, Incheon.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status (a copy of summary order related to the same attached power);
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. 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 (The following consideration shall be made again for the reason of sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures: The defendant has been punished by a fine on the basis of the same kind of crime, and the defendant has been driving in a very high state of drinking alcohol concentration of 0.125% at the time, and the nature of the crime is not good considering the social harm of drinking driving and the purpose of revision of the Road Traffic Act.
A favorable circumstances: The defendant recognizes a crime.
The occurrence of a traffic accident has not occurred.
There shall be no electricity exceeding a fine.
The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.