도로교통법위반(음주운전)
A 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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 8, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on August 21, 2014, at the Ansan District Court’s Ansan Branch, the Defendant operated BMW car under the influence of alcohol concentration of 0.110% from blood alcohol level to the letter of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was around 07:40 on May 30, 202, even though there was a record of being sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). < Amended by Act No. 10683, May 30, 2020>
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Requests for appraisal;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of summary order 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 punished twice due to drunk driving, but he/she again driven a motor vehicle.
The blood alcohol concentration of the instant case was not low, and traffic accidents occurred.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant has recognized the crime and is against the truth, that only minor damage has occurred due to traffic accidents, that the damage has been completely recovered, and that there is no other force on criminal punishment except for the previous conviction of the same drinking, the sentence of the defendant's sentence is harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.