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 February 18, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2.5 million as a fine in the same court on November 11, 2010.
【Criminal Facts】
On June 23, 2020, at around 09:43, the Defendant driven B K5 cars while under the influence of alcohol of about 0.130% in the section of about 60km, from the front day of the street to the front day of the street at the Cheongcheon-gu, Seoyang-gu, Busan Metropolitan City, Cheongcheon-si, Cheongcheon-si, to the front day of the road at the 115.8km of the Cheongcheon-gu, Chungcheongnam-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. For the accused's legal statement, his/her oral statement, his/her report on the state of his/her driving, inquiry into the results of the regulation of drinking driving, and previous records of his/her report on internal death as a result of the control of drinking driving: Application of Acts and subordinate statutes to criminal records, inquiry
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol again, even though the driving force of drinking alcohol was twice.
The blood alcohol concentration level is high.
It is highly dangerous to drive on the expressway.
The driving distance is a path.
The favorable circumstances: The crime is recognized.
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of this case shall be determined as per the disposition.