도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
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 April 7, 2015, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) from an Ansan District Court on April 7, 2015.
【Criminal Facts】
Around 10:30 on March 21, 2020, the Defendant driven a CF car at approximately 2 km from the front side of luminous-ro B to the front road of 6 luminous-ro, 991, an original city, from the front side of luminous-ro, 0.10% alcohol level, while under the influence of alcohol around 10:30 on March 21, 202.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Around 12:20 on April 30, 2020, the Defendant driven a Cknife vehicle from the 1stm section of approximately 1km to the E-road located in the same city and located in the same city, under the influence of alcohol concentration of 0.040%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
[200 Highest 1331]
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. The name of the defendant in the court, a photograph of a CCTV closure (2020 order 1862)
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the same attached records) among the evidence records of 2020 high- group 131 case;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account all circumstances, such as the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of blood alcohol concentration, the repetition of the crime of drunk driving, and the fact of having the same criminal record;