도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 20, 2017, the Defendant was issued a summary order of KRW 1 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】 On April 12, 2020, at around 04:25, the Defendant driven a Ccopic car in the state of alcohol with approximately 10km alcohol concentration of about 0.140% from the front day of the Gangseo-gu Seoul Metropolitan Government Seoro-gu to the front day of the Seoul Guro-gu.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, and criminal investigation reports (attached to the same criminal records 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.
The defendant's blood alcohol concentration is high.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
There is no record of punishment in addition to the fine stated in the judgment of the defendant.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.