도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 March 7, 2014, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on March 7, 2014.
【Criminal Facts】
On July 7, 2020, at around 17:49, the Defendant driven a car under the influence of alcohol concentration of about 0.218% from the 500-meter section from the front of the C cafeteria located in Gangseo-gun D, Gangwon-do, to the front of the same military D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, the results of the drinking driving control, the report on the situation of drinking driving and the circumstantial statement of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;
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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;
2. Scope of recommending sentences: Non-application of the sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.218%, driven a car about 500 meters in a state of alcohol.
The defendant has a record of being punished for a fine of three million won due to drinking driving in 2014.
The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of