도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for not less than two years and six months.
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 September 5, 2011, the Defendant issued a summary order of KRW 3.5 million to the Cheongju District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On October 10, 2019, the Defendant issued a summary order of KRW 10 million to the same court for the violation of the Road Traffic Act.
On October 19, 2019, the Defendant driven a vehicle with a gallon C gallon with a 10m volume of 10m water on the front road of the Chungcheongnam-gun B in the state of drunk alcohol concentration of 0.109% without obtaining a driver's license at around 00:26.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal history records, investigation reports (A), and statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is a serious crime that threatens the safety of the life and body of the defendant as well as the defendant himself/herself.
The Defendant committed the instant crime even though he had a record of punishment for drinking driving.
In particular, the Defendant, around August 3, 2019, at around 18:17, under the influence of alcohol, was investigated as the driving of a vehicle under the influence of alcohol by 0.215%, without being aware of the fact of driving the vehicle. In addition, the Defendant shows an attitude of emphasizing the legal order by lowering the instant crime.
At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high.
On the other hand, elderly defendants recognize all of the crimes of this case, and do not repeat again, and are able to live faithfully.
In addition, the punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the age, character and conduct, environment, motive, means, results, etc. of the crime.