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 August 6, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on March 26, 2010.
At around 22:06 on September 27, 2019, the Defendant driven an E 350 vehicle under the influence of alcohol concentration of about 0.139% from the 100-meter section from the front of the C cafeteria in Yangju-si to the D Do in Yangju-si.
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 state of state of drinking drivers, report on requests for appraisal, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (report attached to judgments of the same kind as a suspect, etc.);
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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2008 and around 2010, considering the distance from the previous penal records and the fact that the blood alcohol content of the instant case reaches 0.139%, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors: