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 three years from the date this judgment becomes final and conclusive.
Criminal facts
On September 2, 2011, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court (Seoul District Court) on September 2, 201, and the same court issued a summary order of KRW 4 million with the same crime on June 17, 2013. On July 5, 2017, the Defendant was sentenced to a fine of KRW 5 million with the same crime in the same court.
At around 22:40 on January 20, 2020, the Defendant driven an Epic vehicle under the influence of alcohol level 0.161% of alcohol level 0.161% from the Do in front of the movie theater C, which is located in the B, to the front of the D apartment at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Requests for appraisal, reports on alcohols, and reports on the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and attachment of judgment) - Application of statutes governing 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is very negative that a defendant drives while under the influence of alcohol again even though he/she had a record of criminal punishment several times due to drinking.
However, under the circumstances, such as the defendant's attitude to reflect in depth on his mistake, the defendant scrapped his vehicle while making the defendant not to drive under the influence of alcohol, and there is no record of punishment exceeding the fine, the defendant's age, character, character, environment, criminal records, the circumstances and results of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions in the records.