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
1. Around 19:40 on June 3, 2020, the Defendant driven a D Spke vehicle with approximately 300 meters alcohol concentration 0.332% under the influence of alcohol at the section of approximately 300 meters from the road located in Soyang-gu, Soyang-gu, Soyang-gu to the road located in the same Gu C.
2. At around 19:50 on June 4, 2020, the Defendant driven the said vehicle under the influence of alcohol content of 0.338% at the place specified in paragraph (1).
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. On each legal statement of the accused, reporting the results of the drinking driving control, and reporting the results of drinking driving control;
1. The application of each actual survey report and each Act and subordinate statute on the site of an accident;
1. Article 148-2 (3) 1, Article 44 (1) of the Criminal Act (the point of driving under the influence of alcohol on the market), Articles 148-2 (1) and 44 (1) of the Criminal Act (the point of driving under the influence of alcohol on the market), the choice of imprisonment for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation, order to attend a lecture, or order to attend a community service order are as follows: (a) the Defendant was driving under the influence of alcohol on a yearly basis; and (b) the blood alcohol concentration is very high to 0.32% and 0.338%; and (c) the Defendant’s responsibility for the offense
However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, that he/she has no previous conviction and sentence, that he/she is not in good health condition, and that he/she has caused the instant crime during the death of his/her spouse, etc., the defendant’s age, character, character, health conditions, family relationship, means and result of the instant crime, etc. In addition, taking into account the various sentencing conditions indicated in the pleadings of the instant case, such as the circumstances after