도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a fine of KRW 5 million at the Seoul Southern District Court on September 23, 2016 due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 30, 2019, the Defendant was under the influence of alcohol with 0.258% of blood alcohol concentration around 17:32 on June 30, 2019, and the Defendant was driving a CKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control and field photographs;
1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the judgment;
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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment for a period of one year to two years;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.258%.
On October 1, 2008, the Defendant was punished for a fine of KRW 700,00 for a drunk driving and a fine of KRW 5 million for a drunk driving on September 23, 2016.
The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case