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 March 25, 2010, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Suwon District Court's Ansan Branch.
On August 22, 2019, at around 21:39, the Defendant driven a freight lane with approximately 200 meters from the juju City B to the DNA road located in C, while under the influence of alcohol of 0.092% of blood alcohol level.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;
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. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the instant crime even though he/she had a history of criminal punishment on three occasions due to the violation of the Road Traffic Act; and (b) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself; and (c) there is a need for punishment corresponding
However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.