도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
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 August 31, 2009, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Seoul Central District Court on August 31, 2009. On October 17, 2016, the Defendant was issued a summary order of one million won of a fine at the Jung-gu District Court for the same crime.
Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, at around January 6, 2019, at around 21:44, the Defendant driven an EM7 vehicle under the influence of alcohol with a blood alcohol content of about 0.063% from the section of approximately 200 meters from the front of the C cafeteria in Namyang-si, Namyang-si, Seoul to the front of the D-si, Namyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment for six months to one year and six months;
2. No sentencing criteria shall be set;
3. The Defendant, while under the influence of alcohol content 0.063%, driven a passenger car at approximately 200 meters at a level of alcohol.
Defendant has been punished for each of the crimes of violation of the Road Traffic Act around 2009 and around 2016, and there are other criminal records.
In full view of the following: (a) the blood alcohol concentration and driving distance of such accused; (b) the content and interval of the previous penal records; and (c) the age and character of the accused; (b) family relationship; (c) motive and means of the offense; and (d) the various sentencing conditions and the life sentence of the prosecutor (one year of imprisonment) indicated in the instant records and arguments