도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six 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
【Criminal Power】 On August 24, 2006, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 1.5 million for the same crime in the same court on December 24, 2007, and a summary order of KRW 5 million for a fine of KRW 1.5 million for the same crime on September 27, 2012 from the fathercheon Branch of the Incheon District Court.
【Criminal Facts” around 03:05 on July 14, 2019, the Defendant driven B-low-scale car under the influence of alcohol with a blood alcohol concentration of 0.211% at the 20-meter section in the head and the 20-meter public parking lot located in Goyang-si, Yongsan-gu, Busan-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order 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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine on three occasions due to drunk driving, but re-driving a motor vehicle.
On the other hand, it is against the defendant's wrong recognition.
The drinking driving in the parking lot and the driving distance is relatively short.
The sentence shall be determined as ordered in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the circumstances mentioned above, the history of drinking alcohol at the time, the concentration of alcohol at the time, the time interval between the previous crime of drinking alcohol and the crime of drinking alcohol in the instant case, the Defendant’s age, character and conduct, environment, and family relationship.