도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
[criminal power] The Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on September 22, 2006, and a fine of three million won as the same crime in the Young Branch of the Chuncheon District Court on May 15, 2015.
【Criminal Facts】
Around 03:40 on April 23, 2019, the Defendant driven a d bargaining car at a section of about 500 meters from the Gangwon-do to the near C surrounding the same city as the Defendant was under the influence of alcohol of 0.118% of alcohol concentration in blood.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, a survey report on actual condition, and a photograph of the accident site;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
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 for not less than six months up to one year and six months;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.118%, and caused a traffic accident.
The defendant has been punished three times for the crime of drunk driving in 2003, 2006, and 2015.
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) various sentencing conditions shown in the records and arguments of this case