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 11, 2017, the Defendant received a summary order of KRW 7 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 27, 2019, around 00:35, the Defendant driven a B-crin vehicle under the influence of alcohol leveling to about 0.156% of alcohol level at approximately 20km from the roads 9.5km in the high-speed of the Kag-si Highway at the high-speed of the Kag-si, Gag-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. A written appraisal of blood alcohol;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and application of Acts and subordinate statutes;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant re-driving a motor vehicle, even though he/she had been subject to punishment once a fine due to drinking alcohol and once a juvenile protective disposition, etc.
The blood alcohol concentration of the instant case is considerably high.
The defendant has been punished twice in relation to driving without a license.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, and the fact that the previous criminal records are the previous criminal records, the sentence of the defendant's sentence is harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.