도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 25, 2020, the Defendant driven a E-Poter truck at a section of about 1 km from 0.204% of alcohol level among blood transfusion around 00:02 to D, located in the window C of Changsi-si, Changwon-si, Changwon-si, Seoul, while under the influence of alcohol leveling 0.204%.
Summary of Evidence
1. Application of the defendant's legal statement statement report and response to the request for appraisal;
1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In order to eradicate social damage caused by the driving of drinking alcohol on the grounds of sentencing Article 62-2 of the Criminal Act, it is necessary to punish the driving of drinking alcohol in light of the control standards for drinking alcohol driving and the purport of the revision of the Road Traffic Act that strengthens statutory punishment.
In 200 and 2002, the defendant was punished for driving under the influence of alcohol, but he again driven under the influence of alcohol without the awareness of the danger of driving under the influence of alcohol.
The blood alcohol concentration in blood due to the pulmonary measurement was 0.229%, and the Defendant's main alcohol concentration in blood was 0.204% as a result of the blood collection inspection, and the degree of his/her main alcohol concentration in blood is very high.
However, the Defendant, against the instant crime, did not repeat the crime.
The defendant has not been punished for any more than a fine.
In addition, in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, background of drinking, circumstances before and after drinking, etc., the punishment as ordered shall be determined.