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 this judgment becomes final and conclusive.
Punishment of the crime
On November 29, 2012, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court of Daejeon District.
On July 16, 2020, the Defendant, who was punished for driving a motor vehicle, etc. under the influence of alcohol, was driving Dpoter II motor vehicle under the influence of alcohol with approximately 0.142% of the blood alcohol concentration in the area of about 10km from the Do in front of the C cafeteria in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road of the 20km-gu, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the results of the crackdown on driving under the influence of alcohol (A), report on the situation of a drinking driver (A), investigation report, report on the use of a drinking-free measuring instrument (A), and inquiry into the results of the crackdown on drinking alcohol (1);
1. Application of replys to inquiries, such as criminal records, investigation reports (verification of the same kind of power), and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.
The blood alcohol concentration measured is considerably high by 0.142%.
In 2012, the Defendant has been sentenced to one fine due to drinking driving, and even before 200, the Defendant has been sentenced to two times a fine due to the violation of the Road Traffic Act, but there is a high possibility of criticism in that the instant crime has been committed.
However, the defendant recognizes his mistake and is against his will.
There was no accident.
There is no criminal punishment exceeding a fine.
In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.