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 December 12, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 12, 2013.
On June 30, 2019, at around 03:36, the Defendant driven CK7 vehicle under the influence of alcohol by 0.216% in the section of approximately 23 km from the road before the Sinsi Bridge to the point at which the 116 km starting point in the Sincheon-gu Sincheon-si Sinpo-si Seon Highway.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Previous conviction: Application of a copy of summary order of 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. The main sentence of Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2(1) of the Criminal Act on community service and lecture attendance order was high in blood alcohol level exceeding 0.1% at the time of driving under the influence of alcohol at the time of transfer, and even in this case, it was very high in excess of 0.2%.
In particular, a vehicle is driving on an expressway.
It was very dangerous situation that the road was set up on the road and locking.
In consideration of the above circumstances, the court selected the sentence of imprisonment.
However, the execution of punishment shall be suspended on condition of treatment within society, taking into account the fact that there is no previous conviction except for the one-time fine, that there is a family member to provide support, such as the fact that a mistake is recognized and contradictory, and that there is a pregnant wife, etc.