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 26, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving on a sound driving), and KRW 5 million for the same crime in the same court on March 25, 2016.
【Criminal Facts】
On October 11, 2019, at around 07:21, the Defendant driven a DNA-type car in the state of alcohol alcohol concentration of about 0.128% at the 2km section from the Do in front of the accommodation establishment in the same city from the Do in front of the accommodation establishment in the same city B.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the status of drinking drivers, and investigation report (report on the status of drinking drivers);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been two times the past records of criminal punishment due to drunk driving, and the driving distance at the time and the blood alcohol concentration level were significant, and the personal accident also resulted in a single accident. In light of the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not good.
However, considering the fact that the defendant is led to confession and reflect, that there is still no previous conviction, that the accident was caused by material damage, and that the defendant compensated for the damage cost, the conditions of various sentencing specified in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, and circumstances after the crime, shall be determined as ordered.