도로교통법위반(음주운전)
The sentence against the accused shall be determined by one year and six months of imprisonment.
Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On October 21, 2014, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court for the violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 30, 2019, at around 04:58, the Defendant driven the E-E-Wn-Wnd-Wed-Wed-Wed-Wed-Wed-Wed-Jed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C from around 6.6km to the D-Wed-Jed-Wed-Jed
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. Notification of the results of the drinking driving control, and photographs at control sites;
1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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;
1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.
In addition, the Defendant got diving from the vehicle at the time of the instant case, and it seems that there was a considerable danger to road traffic by the Defendant.
- The defendant has previously been subject to criminal punishment for the same kind of crime.
The favorable circumstances - The defendant has no record of criminal punishment other than the previous conviction.