도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two 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 December 9, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Jung-gu District Court on the violation of the Road Traffic Act, and a summary order of KRW 6 million with a fine of KRW 2 million at the Seoul Western District Court on September 27, 2012.
On August 13, 2020, at around 18:23, the Defendant driven a cpart car with a alcohol level of about 0.212% under the influence of alcohol level from the front of a restaurant where it is impossible to know the trade name in the Hoyang-si, Namyang-si. to the front of B, Nam-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the violation of the Road Traffic Act, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, report on the status of the driver under the influence of alcohol, and investigation report; and
1. The application of Acts and subordinate statutes to check criminal records, reply reports, and the same record of the suspect;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Although the Defendant had been punished for a crime of violation of the Road Traffic Act around 2011 and around 2012, the Defendant committed the instant crime at the same time, and the blood alcohol concentration at the time of the instant case exceeded 0.212%.
In consideration of this point, imprisonment shall be selected.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.