도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 27, 2006, the Defendant issued a summary order of KRW 2 million at the Chuncheon District Court as a crime of violation of the Road Traffic Act (Refusal of measurement) and a summary order of KRW 2 million on April 27, 2010 as a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court.
【Criminal Facts】
On September 5, 2020, at around 03:32, the Defendant driven G SP car in the state of alcohol alcohol concentration of about 0.279% at the section of about 5.8km from the vicinity of Gangnam-si B to the front of the same city hotel in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Notification and investigation report on the results of the crackdown on drinking driving (report on the situation of a drinking driver), investigation report (to attach portal site guidance);
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: Driving under the influence of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; driving under the influence of alcohol is required for severe punishment; driving under the influence of alcohol at the same time as the Defendant was sentenced to a fine twice for the same crime; driving under the influence of alcohol at the time of driving under the influence of alcohol at the time of the instant case; the Defendant’s blood alcohol concentration was very high: (a) the Defendant would not drive under the influence of alcohol again; and (b) the Defendant’s age, character and behavior, circumstances of the crime, circumstances after the crime, etc. are considered and various sentencing conditions specified in the instant records and arguments.