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 August 16, 2006, the defendant was issued a summary order of KRW 1 million with a fine of KRW 1,500,000 as a violation of the Road Traffic Act (driving) at the official branch of the Daejeon District Court on December 13, 2006, a fine of KRW 1,50,000 as a violation of the Road Traffic Act (driving) and a fine of KRW 3 million as a violation of the Road Traffic Act from the red branch of the Daejeon District Court on September 21, 2009.
【Criminal Facts】
On August 28, 2020, the Defendant committed a violation of the prohibition of drunk driving on two or more occasions by driving a D motor vehicle while under the influence of alcohol with approximately 0.128% alcohol level from the 1km section to the front road of the C building at the Seo-gu Seo-gu B apartment near the Seo-gu, Seoan-gu, Seoan-gu, Incheon to the front road of the C building.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the crackdown on the violation of the Road Traffic Act, report on the circumstances of a drinking driver, inquiry of the results of the crackdown on the drinking-driving, and the ledger of the use of a drinking measuring instrument;
1. Application of the provisions of Part IV Acts and subordinate statutes to inquiries about criminal records, etc. and copies of summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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.
The blood alcohol concentration measured is considerably high by 0.128%.
Although the Defendant was sentenced to a four-time fine due to drinking and driving without a license since 2000, the Defendant has a high possibility of criticism in that it committed the instant crime.
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 to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.