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] The defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (refluence of measurement), etc. in the sex support by the Daegu District Court on July 23, 2009, and the same court on March 15, 2010 issued a summary order of 3.5 million won for a violation of the Road Traffic Act (refluence of noise measurement).
【Criminal Facts】
On November 22, 2019, at around 04:26, the Defendant driven an EK5 car from around 60 meters from the road near Pyeongtaek-si, located in Pyeongtaek-si B to the front of D in the same city under the influence of alcohol content of 0.243%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the statement of the status of a drinking driver, a written appraisal of blood alcohol and a report on detection of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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 under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the Defendant, including a stay of execution in the past, once again commits a crime without drinking power, and the blood alcohol concentration is very high, etc.
However, the criminal records of the defendant are around 10 years prior to the fact that the criminal records of the defendant are recognized as crimes, the fact that the defendant's age, character and conduct, family relations, motive, means and results of crimes, and other various sentencing conditions in the trial process of this case, such as the circumstances after the crime, shall be determined as the sentence as ordered, comprehensively taking into account.