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 September 17, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 21, 2020, at around 21:15, the Defendant driven an Ephr vehicle in the state of alcohol with approximately 0.067% alcohol concentration from around 500 meters to the front road of the Defendant’s home located in Seo-gu Incheon, Seo-gu, Incheon at around 21:20 on the same day.
Summary of Evidence
1. For the accused's legal statement in the protocol of interrogation of the suspect's suspect against the accused in the prosecution, the report on his/her circumstantial statement, the investigation report on the results of the crackdown on drunk driving (Application of the Madmark): The application of Acts and subordinate statutes to criminal records, etc. inquiry report (a) and investigation report (a) shall be applied to
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of drinking-water driving with the reason of sentencing Article 62-2 of the Criminal Act requires strict punishment for the crime of causing harm not only to himself/herself but also to another person’s life and body.
Although the Defendant had had the same criminal power, the Defendant committed the instant crime.
On the other hand, it is reasonable to consider the fact that the defendant recognizes the crime of this case and reflects it.
Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing