도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two 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
[criminal power] On November 9, 2012, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million on October 16, 2013 from the same court.
【Criminal Facts】
On November 8, 2019, at around 23:50, the Defendant driven C K3 cars while under the influence of alcohol content of about 0.085% from the 2km section of approximately 2km to the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. The blood alcohol concentration recorded paper;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of past records of the same kind of crime), and application of Acts and subordinate statutes of two copies of summary order;
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 community service order was that the defendant had been punished twice due to drunk driving, but he/she again driven a motor vehicle.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, the fact that all of the above drinking departments are punished by a fine, the fact that there is no particular criminal record except, and the fact that the blood alcohol concentration is not high, it is judged that the sentence of the defendant's sentence is harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.