도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
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
On October 27, 2006, the Defendant was sentenced to a fine of two million won by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving).
On October 23, 2020, at around 17:30 on October 23, 2020, the Defendant driven a D-to-pur motor vehicle with alcohol concentration of about 0.235% while under the influence of alcohol in the parking lot of the C cafeteria located in Kimhae-si B.
Accordingly, the Defendant was driving in violation of the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, report on the circumstances of the driver placed at driving, report on the occurrence of traffic accidents (report on the circumstances of the driver placed at driving), report on the actual condition, inquiry letter about the occurrence of traffic accidents, each photographic criminal history, and application of Acts and subordinate statutes to report on investigation (verification of
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant, even prior to the instant case, has been punished once by a fine due to drinking alcohol driving, and the alcohol concentration at the time of the instant driving is high to 0.235%, and the driving of drinking is very dangerous to the life of another person, the Defendant’s responsibility is heavy.
However, it is reasonable to consider that the defendant has no serious criminal record exceeding the fine, and that he reflects his fault.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, the circumstances after the commission of the crime, and all the sentencing factors shown in the arguments and records.