도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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] The defendant was issued a summary order of a fine of five million won at the Jung-gu District Court on August 29, 2006 for the crime of violation of the Road Traffic Act (refluence of measurement).
【Criminal Facts】
On February 22, 2020, the Defendant was under the influence of alcohol with 0.194% of blood alcohol concentration around 23:15, and the Defendant was driving a franchise-free car from the roads near Macheon-si B to the D parking lot located in Cheongcheon-si C.
As a result, the Defendant refused to comply with a drinking test at least twice or driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement report on the driver of the alcoholic beverages, the consent to blood collection and confirmation thereof, the request for appraisal (general appraisal) and the investigation report on blood alcohol alcohol (the results of the appraisal reply and the addition of the Badmark) and evidentiary photographs;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related 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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished by a fine for drinking alcohol driving in 2005 and a fine for refusing to measure drinking alcohol in 2006.
Nevertheless, the driver was driven under the influence of alcohol level of 0.194%.
In 2010, the defendant was punished by a fine for violating the Act on the Aggravated Punishment, etc. of Specific Crimes.
Considering the interval and frequency with the previous penal force as above, the blood alcohol level (0.194%) of the defendant, the distance of drunk driving, the circumstances of the crackdown of this case, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant’s age and character, family relation, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments of this case