도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On March 28, 2011, the Defendant was sentenced to a summary order of a fine of KRW 4 million at the Changwon District Court for a violation of the Road Traffic Act (driving) and on July 22, 2014, the Defendant was sentenced to a suspended sentence of two or more times for a violation of the Road Traffic Act (driving) by committing a violation of the Road Traffic Act (driving) at the Changwon District Court branch on July 22, 2014 and was sentenced to a suspended sentence of two or more times.
On April 20, 2019, at around 19:15, the Defendant driven the E-1 ton cargo vehicle with a blood alcohol concentration of about 0.207% from the 4.5km section to the front road of the D village, from the front of the C cafeteria located in the Haban-gun B.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Two copies of the investigation report (verification of the driving distance, etc.) and the negative map;
1. Previous records of judgment: Application of five copies of criminal records, investigation reports, judgment, and other Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;
2. Non-application of the sentencing criteria: The sentencing criteria are not set.
3. The Defendant is driving a sentence in a state where the sentence exceeds 0.2%.
The traffic accident has caused.
Due to the occurrence of a fire, the other party's vehicle has come to the degree of scrapping.
Defendant has a record of being punished five times due to drunk driving.
(204, 2005, 2010, 2011, 2014). Except 2014, all blood alcohol content exceeded 0.1%.
was punished four times as a licenseless driving.
(204, 2005, 2011, 2015), which was sentenced to a suspended sentence of imprisonment for drinking driving in 2014, and the risk of drinking driving through the participation in the law-abiding lecture.