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
[Criminal Power] On January 3, 2014, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.
【Criminal Facts】
At around 23:05 on July 26, 2019, the Defendant driven D cruise cars from the 100-meter section to C front road located in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, under the influence of alcohol level of 0.188%, while under the influence of alcohol level around 0.18%.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs;
1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving, the ledger of use of a drinking-driving machine, notification of completion of correction, and inquiry into the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are found to be erroneous and against the defendant, and the defendant again committed the crime of this case despite the fact that the defendant was punished once due to the same kind of crime. The blood alcohol concentration and driving distance of this case and other defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be considered.