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 November 8, 2007, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on November 8, 2007.
On August 1, 2020, around 19:20, the Defendant driven CM5 vehicle under the influence of alcohol at approximately 0.072% of blood alcohol concentration from the 10km section to the road located in the same Gu B around 19:58 of the same day from the 75-lane, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Notification of the defendant's legal statement, report on the situation of drunk driving, investigation report, criminal records, etc., application of an inquiry inquiry report, and application of Acts and subordinate statutes of the same criminal record and summary order for the same criminal suspect;
1. Relevant Article 148-2 (1) and Article 44 (1) of the Criminal 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 of Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to four times or more due to the crime of drunk driving, has committed the crime of drunk driving.
The distance of driving is not shorter.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
It is not a high level of drinking value.
The last punishment of the defendant who committed the crime of drunk driving is prior to the 10th 2007.
There is no record that the defendant was sentenced to a suspended sentence or heavier due to the crime of drinking driving.
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.