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
On September 26, 2008, the Defendant, at the Suwon District Court, driven a DNA vehicle with a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and on July 3, 2013, the same court had the record of being sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (refluence of noise measurement). However, on May 10, 2020, the Defendant driven a DNA vehicle with a blood alcohol concentration of KRW 0.067% in the section of approximately 2.7 km from May 10, 202 to the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of measurement records and the results of the regulation of drinking driving;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of suspect A-like records), and application of summary order-related 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 had been punished several times due to drunk driving, but he/she again driven a motor vehicle.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized and reflected in the crime, that both the previous and previous departments are previous criminal records of fines, that it appears that the person is a night driver, and that the defendant's economic situation is not good, the sentence of the sentence of the defendant 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.