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 of the final judgment.
Punishment of the crime
[criminal power] On June 9, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Seocho District Court’s territorial branch on the ground of the violation of the Road Traffic Act, and the summary order of KRW 3 million as a fine in the same court on March 4, 2013.
【Criminal Facts】
At around 05:40 on June 25, 2019, the Defendant driven a Fdisber sports car in the state of alcohol 0.182% alcohol concentration from the 1km section from the front of the Cju point located in Sucho-si B to the front day of the E regularly located in Sucho-si D.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, actual condition investigation reports, photographs related to traffic accidents, notices on the results of the control of drunk driving, circumstantial statements of drinking drivers, investigation reports, and next-time inquiry reports;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;
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 defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.
However, even though the defendant had been subject to criminal punishment several times due to the same crime, he again committed the same crime.
The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the blood alcohol concentration of the defendant at the time of the instant case.