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
On April 23, 2015, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Suwon District Court’s Eunpyeong site, and on January 8, 2016, the Defendant was sentenced to a summary order of KRW 4 million for the same crime, etc. in the same court, and on November 2, 2016, sentenced to imprisonment with prison labor for 6 months and suspension of execution for the same crime, etc.
Nevertheless, at around 21:02 on January 5, 2020, the Defendant driven an E New Zealand XD car under the influence of alcohol leveling 0.117% from approximately 400 meters from the front of the B apartment in Ansan-si to the front road of the “D History” located in C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records as indicated in the judgment of the head of a drinking driver, the statement of his/her situation, and the record of his/her control of drinking driving: Application of criminal records, inquiry reports, and investigation reports (the same kind of power
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing in the proviso of Article 62-2 of the Criminal Act, Article 44-2(1), (2), and (3) of the Medical Treatment and Custody Act, and Article 44-2(1), (2), and (3) of the Medical Treatment and Custody Act has been as follows: (a) the Defendant had been driving under the influence of alcohol again immediately after having obtained a driver’s license two times before the same fine was imposed; and
However, it seems necessary to improve through medical treatment because the defendant has a strong influence on depression and alcohol, and the defendant also reflects the crime in depth and is receiving mental treatment, etc., in consideration of the circumstances favorable to the defendant.
However, the drinking driving of this case seems to have arisen from the defendant's alcohol dependence, and the risk of recidivism is high, so probation and medical treatment order shall be added to the defendant.