도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 26, 2018, the Defendant was sentenced to a suspended sentence of one year at the Cheongju District Court for a violation of the Road Traffic Act.
On May 27, 2020, at around 00:30 on May 27, 2020, the Defendant driven D truck under the influence of alcohol by 0.117% from the section of about 18 km to the road front of the Seoul Yangyang 6 tunnel (Seoul bank), which is located in the same military air vibration, via the lane of the Yangyang Highway 128K branch of the Seoul Yangyang Highway, 125.2K branch of the Seoul Yangyang Highway (Seoul bank).
As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports (report attached to the same kind of power), and summary orders;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant commits a crime of drinking again, even though he/she had three times the previous convictions of the same kind of drinking driving, including the previous convictions in the judgment, it is necessary
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and commits the instant crime, and against the wrong judgment, the Defendant did not repeat the instant crime; (b) both the previous criminal records, other than the previous criminal records of the judgment, are fines before around 2004; (c) the Defendant has no other criminal records other than the previous criminal records of the drunk driving and the previous criminal punishment twice before and after around 1997; and (d) the degree of blood alcohol alcohol level and driving distance of the instant case; and (e) the Defendant’s age, character and conduct, family relationship, and circumstances before and after the instant crime, which are the conditions for sentencing specified in the instant records and pleadings