도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
[criminal history] On January 26, 2016, the Defendant was notified of a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court, and was sentenced to a fine of KRW 4 million for the same crime on June 29, 2017.
[2] On September 14, 2018, the Defendant was under the influence of alcohol content of 0.181% during blood transfusion around 22:00, the Defendant driven a D-do-purd-pured-purd-pured-purd-car from approximately 1 km from the nearby road in Bupyeong-si, Busan to the front road in Seocheon-si.
As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol and report on the results of regulating drinking;
1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of criminal records of the same kind as the suspect), summary orders, and application of the text of the judgment;
1. Relevant legal provisions and Articles 148-2 (1) 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 reasons for sentencing under Article 62-2 of the Criminal Act include two times a fine for the same drinking driving force, and repeats the driving of drinking for a short period of time.
The alcohol concentration is 0.181%, which is considerably high in blood and without any charge, seems to have been driven after drinking alcohol.
Although a traffic accident occurred while driving under drinking, the defendant judged that the occurrence of the traffic accident occurred due to the change of the vehicle of the other party, and the investigation agency did not prosecute the other party.
However, according to the other party driver's written application, the defendant was unable to hold his body after the accident, and his attitude was very good, such as refusing to take a drinking test at first after the police officer called for.
statement is made.
(b).