도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 July 27, 2018, the Defendant received a summary order of a fine of one million won for the crime of violating the Road Traffic Act (driving) from the Goyang Branch of the District Court.
On July 31, 2020, at around 02:07, the Defendant driven Calma vehicle under the influence of alcohol of about 0.149% in the section of approximately 2km from the street near the “central line of the opposite station of the opposite station” to the roads near the apartment complex of the same city to the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of statutes of one copy of the summary order to the accused's statutory statement statement, investigation report, notification of the results of the crackdown on drunk driving, field photographs, internal investigation report (as to the escape and arrest of the suspect), criminal records, etc.;
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been sentenced to a fine due to drunk driving in 2018, and thus, he/she also driven under the influence of alcohol.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
The punishment for the crime of drunk driving is limited to the above only once, and there is no record of being punished for more than a suspended sentence.
This is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.