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 October 25, 201, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Daegu District Court on October 25, 201, and was issued a summary order of KRW 5 million by the same court on November 20, 2015.
【Criminal Facts】
On August 5, 2020, at around 10:10, the Defendant driven a DCA110S-wheeled vehicle under the influence of alcohol content of about 0.198% from the 700-meter section, from the front side of the human resources office near the trade name in Busan Metropolitan City, to the front side of the C apartment in the same city.
As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking;
1. Previous convictions in judgment: Criminal records, investigation reports, summary orders, and application of statutes governing the judgment;
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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
Even though there was a record of punishment for the same crime of drunk driving, including criminal records, the crime of this case has been committed again.
The blood alcohol concentration is also very high at the time of crime.
The favorable circumstances: Recognizing the crime, it is against the law.