도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 5, 2006, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving), etc. by the Jeonju District Court on December 18, 201, and a fine of five million won by the same court on October 18, 201, respectively. On May 18, 201, the Defendant was sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act (drinking driving).
Criminal facts
On February 28, 2018, the Defendant driven a BS car owned by the Defendant, under the influence of alcohol content of about 0.21% from approximately 50 meters in the section of 500 meters to the front road of the office of the 200-4, Jinsan-gu Seoul Special Metropolitan City, Yancheon-gu, Seoul Special Metropolitan City, 2-3-gil, 3-ro, 4,000.
As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times or more due to drinking driving, and even if the Defendant was sentenced to a suspended sentence of imprisonment for one of them, he/she is also under the influence of drinking, and even if he/she was sentenced to a suspended sentence of imprisonment, he/she was under the influence of drinking, and the alcohol concentration in blood is also very high.
However, the defendant does not commit a second offense.
It shall comprehensively take into account various circumstances shown in the instant pleadings, such as the Defendant’s age, family relationship, and environment, which were in progress since 201.