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 December 2, 2011, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on December 2, 201, and the summary order of KRW 2 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on July 5, 2019.
On December 15, 2019, at around 03:30 on December 15, 2019, the Defendant driven C QM6 car under the influence of alcohol concentration of about 0.117% from the 1km section of approximately 1km from the roads near Seo-gu, Seo-gu, Seocheon-gu, Seo-gu, Seoul to the new horse distance intersection in the Dong-dong, Dong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and ledger of the use of a drinking measuring instrument;
1. Application of a reply to inquiries, such as criminal records, investigation reports (verification of the same criminal records of the suspect), and 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.
In the past, even though the defendant was sentenced to a fine twice due to drinking driving and a fine once due to driving without a license, it is highly likely to be subject to criticism in that the crime of this case has been committed.
In particular, the defendant, after being issued a summary order on July 5, 2019, shows an attitude to see the law by referring to committing the same crime in the past five months.
The blood alcohol concentration measured is considerably high by 0.117%.
Under the influence of alcohol, the risk of the act, such as driving glags, is also high.
However, the defendant recognizes his mistake and is against his will.
There was no accident.
No criminal punishment exceeding a fine shall be imposed.
In addition, the defendant's age, character and behavior, environment, and motive of crime.