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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 2, 2010, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Cheongju District Court.
On September 26, 2019, at around 00:30, the Defendant driven an Eran vehicle from around 100 meters from the front day of the petition site B located in Cheongju-si to the front day of the neighboring D cafeteria, while under the influence of alcohol by 0.19% of alcohol concentration.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Notification of the control of drinking driving;
1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to criminal records, investigation reports (the same type of criminal records and confirmation of suspects);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Driving a vehicle in favorable circumstances and condition of exploitation, such as the fact that the crime of sentencing under Article 62-2 of the Criminal Act is recognized and erroneous, that there is no record of punishment exceeding a fine due to drinking driving, and that it appears to be endeavoring to not repeat a crime, such as scrapping a vehicle, etc.
In full view of all the circumstances, such as the fact that causes traffic accidents, the fact that the punishment for drunk driving is more severe, and the defendant's age, character and conduct, the blood alcohol concentration of the instant case, and the circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case, the punishment shall be determined as ordered.