도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and four 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
At around 04:30 on July 31, 2020, the Defendant driven a d SM520 car under the influence of alcohol concentration of about 0.237% in the section of about 2 km from the front of the “B hotel” to the front road of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture is that the defendant recognized the crime of this case, and reflects the crime of this case, but the defendant's blood alcohol concentration at the time of this case is very high to 0.237%.
In particular, while driving under the influence of alcohol on the day of the instant case, the Defendant immediately stopped and left the site without taking necessary measures, and seems to have been in a state of spreading to the extent that it is impossible to recognize the fact of the accident itself.
In 2006, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to the violation of the Road Traffic Act by causing a large traffic accident while driving under the influence of 0.239% of blood alcohol level. In addition, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.
In addition, the social harm caused by drinking driving is very serious and thus it is necessary to strictly punish it. The blood alcohol concentration and driving distance of this case, the circumstances leading up to the detection of the crime of drinking driving of this case (the occurrence of a traffic accident during drinking), the age of the defendant, character and conduct, family relationship, criminal records, and the interval of time between the past and the past.