도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 26, 2020, the Defendant driven an Esp motor vehicle under the influence of alcohol concentration of 0.223% from the Do in front of C in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around September 26, 2020 to D, while under the influence of alcohol concentration of 0.223% from the 1km section to D.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the traffic accident report (including actual survey report, etc.), photographs at the scene of the accident, the statement of the situation of the driver in charge of the main accident, the investigation report (the situation report of the driver in charge of the main accident), and the internal investigation report (Attachment
1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Traffic Accidents is one of the important factors that increase the risk of traffic accidents, and thus, the frequency of accidents and the high risk of the life, body, etc. of the drinking driver as well as the other person's life, body, etc. is increasing, and thus, the social damage caused by the drinking driving is increased, so a driver needs to bear strict responsibility for the drinking driver.
In particular, at the time of committing the instant crime, the Defendant’s blood alcohol concentration was considerably high, and the Defendant’s liability is not easy since the instant crime resulted in a traffic accident.
However, the defendant shows his attitude to recognize and reflect the crime of this case.
The traffic accident caused by the defendant was destroyed by another parked vehicle.
Defendant has no record of punishment.
In addition, in full view of all the circumstances, including the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment is determined as ordered.