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
On May 15, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 3.5 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 19, 2013, respectively, at the Jeonju District Court on May 15, 2008.
On December 20, 2019, the Defendant, while under the influence of alcohol 00:57 on blood alcohol concentration of 0.148%, driven a car of about 5 meters in the Gwangju Mine-gu B apartment house in Gwangju Mine-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime), such as criminal records;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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, even though the Defendant was punished by a fine due to a drunk driving in 2008 and 2013, the Defendant again committed the instant crime of drinking alcohol, the blood alcohol concentration (0.148%) was high, and the circumstances that should not be taken into account as to the circumstances of drunk driving, and thus, sentenced to imprisonment.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be suspended and the execution of the sentence shall be ordered to take part in the compliance driving lecture, by comprehensively considering the following: (a) the defendant has no history of punishment exceeding a fine; (b) the period between the punishment records of the above drinking driving and the time interval between the crime of this case reaches about six years; and (c) the distance of drinking driving