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
[criminal power] On November 22, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act. On May 15, 2018, the Defendant received a summary order of KRW 5,00,000 for the same crime from the Seoul Central District Court.
【Criminal Facts】
On September 24, 2019, the Defendant, while under the influence of alcohol at 00:02, 0.131% of blood alcohol level, was driven by the Defendant at approximately KRW 300 meters from D-ro to F-ro in E-ro from the frontway in the area of G strawing in the area of G strawing at approximately 300 meters. The Defendant violated the provision prohibiting drunk driving twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the status of a driver under the influence of alcohol, investigation report (report on the status of a driver under the influence of alcohol), investigation report (report on the status of a driver under the control of driving under the influence of alcohol), inquiry,
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Binding of the same type of force), and application of summary order-related Acts and subordinate statutes;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing factors as shown in the arguments in the instant case, including the circumstances after the crime was committed.
In light of the fact that the defendant has been punished several times due to drinking driving, and that the defendant repeats again despite the fact that he has been sentenced to a fine, and that drinking water is considerably high, there is a need to strictly punish the defendant.
The favorable circumstances: The defendant does not commit a second offense as he reflects his mistake, and the personal and physical damage is caused by the criminal act of the defendant.