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. On July 23, 2020, the Defendant was driving a F Kazon vehicle under the influence of alcohol content of about 0.301% at the 3km section from the Cmate parking lot located in Yan-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu to the front road located in the same Gu E elementary school located in the same Gu from July 23, 2020.
2. On July 24, 2020, the Defendant, as stated in paragraph (1), driven a vehicle under the influence of alcohol, as a person who was under the influence of alcohol, and driven a G-type vehicle under the influence of alcohol at approximately 0.297% of the blood alcohol concentration around the 500-meter radius from the Do adjacent to the Do in Yancheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-gu, Chungcheongnam-gu, Chungcheongnamcheon-gu, Seoul, to the roads adjacent to the Dongri-gu, Chungcheongnam-gu. < Amended by Act No. 10338, Jul. 23, 2020>
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the ledger of use of each drinking gauge, the notification of the results of the crackdown on driving under influence of alcohol, the report on the circumstantial statement of each drinking driver, the investigation report (report on the circumstances of a drinking driver), the inquiry into the results of the crackdown on driving under influence of alcohol, the table of the case to be reported, the field photograph of the crackdown, and the report on internal affairs
1. Relevant Article of the facts of crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of drinking under paragraph (1) of the same Article), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol under the provision of paragraph (2) of the same Article), the choice of imprisonment for each sentence;
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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.
The blood alcohol concentration measured in both cases is very high.
In the past, even though the defendant has caused the death accident due to a traffic accident and was fined due to a drunk driving, it is highly likely to criticize the crime of this case.