도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[criminal power] On December 21, 2007, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on December 21, 2007. On February 5, 2010, the Defendant had the record of having been sentenced to imprisonment of KRW 1.5 million for a violation of the Road Traffic Act.
【Criminal Facts】
On July 3, 2019, at around 17:10, the Defendant driven a e-car while under the influence of alcohol with approximately 6.6 km alcohol concentration of about 0.157% from the road near Ulsan-gu B to the road near Ulsan-gu CDD.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Inquiry reports, such as criminal records, investigation reports (report on confirmation of the same type of force), one copy of summary order, and the application of one copy of judgment under statutes;
1. The pertinent legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the defendant who has the reason for sentencing a sentence of imprisonment with prison labor, and the defendant had the ability to punish the crime two times prior to the crime. In particular, even though the defendant had been sentenced for the crime of driving under the same kind of alcohol before the crime was committed, the crime was committed under the influence of alcohol and the nature of the crime is heavy, the possibility of criticism is high, and the crime in this case constitutes a drinking driving to the extent that it may seriously threaten the safety of general traffic, such as the occurrence of traffic accidents, by driving under the influence of high blood alcohol concentration, and there exists a need for severe punishment against the defendant in light of the social harm and danger of drunk driving, all the circumstances shown in the arguments in this case, such as the defendant's age, character, environment, motive and circumstance of the crime, and circumstances after the crime.