도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six 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
On November 22, 2007, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on March 20, 2017, respectively.
On September 13, 2019, at around 04:37, the Defendant driven DCo or car under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.110% from the 600-meter section from the front of the Defendant’s house located in Seojin-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City to the front of the Kujin-gu, Seoul Metropolitan City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning investigation status;
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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, considering the following favorable circumstances: (a) the Defendant had a previous record of drinking alcohol twice; (b) the Defendant’s vehicle parked due to drinking alcohol was damaged; (c) there is no other penal force other than the previous record of the judgment; and (d) the Defendant’s attitude of disposing of and reflecting the vehicle indicated in the judgment; and (e) the sentence is rendered as ordered by taking into account other favorable circumstances, such as the Defendant’s blood alcohol concentration concentration level, age, character and behavior, environment, and circumstances after the crime, etc.,