도로교통법위반(음주운전)
A 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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On July 16, 2014, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Incheon District Court on July 16, 201, and a fine of KRW 5 million at the same court on July 21, 2016.
【Criminal Facts】
On February 20, 2020, at around 01:26, the Defendant driven a motor vehicle E Ttiburi, under the influence of alcohol, from around 400 meters away from the day before the Seo-gu Incheon National Cemetery, Seo-gu, Incheon, to the day before the oil station in Seo-gu, Incheon, to the day before the oil station in Seo-gu, Incheon, while under the influence of alcohol, whose blood alcohol content is 0.140%.
Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the results of the drinking driving control;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
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. 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 was that the defendant had been punished twice due to drinking driving, and such defendant's act should be subject to criticism.
However, it shall be considered favorable to the defendant that there is no record of punishment, and that there is a reflective figure, etc., and the punishment shall be determined like the order, taking into account the degree of the punishment, the age, character and conduct of the defendant, and the various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case.