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 November 14, 2018, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court on two occasions, including a summary order of a fine of two million won.
【Criminal Facts】
At around 00:47 September 9, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol level 0.212%, while under the influence of alcohol level 0.212% from the roads in front of the mutual influence in Osan-si, Osan-si to the underground parking lots in B-dong apartment C-dong 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. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is as stated in its reasoning, the Defendant was punished twice for drunk driving, and the blood alcohol concentration level at the time of the instant case was very high and caused the contact accident.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the defendant's age, attitude, environment, background and distance of driving, drinking volume, accident scale, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.