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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant was issued, at the Gwangju District Court, a summary order of KRW 3 million on May 17, 201, and a fine of KRW 5 million on August 31, 2017.
On July 4, 2020, at around 12:18, the Defendant driven a car with Emecin from approximately 2 km to the front road of D Defendant’s home, which is under the influence of alcohol of 0.20% of blood alcohol level 0.20%.
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. The circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. Previous records: Criminal records, etc. and the application of double-entry Acts and subordinate statutes of two copies of a summary order;
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. Taking account of the fact that the Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, has a number of records of identical criminal conduct due to drinking driving, and that the blood alcohol concentration at the time of the instant crime, is considerably high, choice of imprisonment is inevitable.
However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment due to the same crime, and that the defendant is divided into his mistake.
In this context, a suspended sentence shall be imposed by comprehensively taking into account the circumstances leading to drinking driving, the distance and place of drinking driving, the age and character of the accused, the circumstances before and after the commission of the crime, and all of the sentencing conditions shown in the present case and arguments, but community service and lecture attendance order shall be added.