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, at the Changwon District Court's Jinju on January 20, 2010, has a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch on January 20, and a fine of KRW 1.5 million for the same crime in the same court on October 24, 2017, who was punished for a drunk driving.
【Criminal Facts】
On July 5, 2020, at around 20:15, the Defendant driven the E-wing truck under the influence of alcohol with approximately KRW 700 meters alcohol concentration of 0.153% from the road front of the frequency in which it is impossible to identify the trade name in the B market in Jin-si, Jin-si, Jin-si to the road front of the “D” located in Jin-si, Jin-si, Jin-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the defendant had been punished several times for drinking driving, again committed the instant crime, and that the defendant's blood alcohol concentration was high at the time of driving, is disadvantageous.
However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., shall be determined as ordered by considering the fact that the defendant's mistake is recognized, driving distance, and other records and arguments of this case.