도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On July 8, 201, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Gyeyang Branch of Suwon District Court on July 8, 201, and on September 2, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.
【Criminal Facts】
On December 15, 2019, around 22:52, the Defendant driven an EM5 vehicle under the influence of alcohol leveling 0.184% of alcohol level from the section of approximately 3.7km from the roads of the Manan-gu Mang-si, Mangyeong-si to the roads of the same Gu C and D High School.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of suspected victims of violation of the Road Traffic Act;
1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
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 of Article 62-2 of the Criminal Act on probation and order to attend a lecture has been subject to a fine in 201 and a suspended sentence of imprisonment in 2014 for a violation of the Road Traffic Act.
Nevertheless, the crime of this case was committed again.
The blood alcohol concentration of this case reaches 0.184%, and the blood alcohol concentration of each of the above previous crimes of the same kind is also very high [0.233% (Drinking in 201), 0.214% (Drinking in 2014)]. Drinking is a crime that is highly likely to cause serious damage to the life, body, and property of others.
In light of the above, the crime of the defendant is not good.
However, the defendant is recognized to commit a crime and is against the law.
The distance of drinking driving is relatively short.
There seems to be clear social ties, such as the application of the defendant's wife to the defendant.
Defendant.