도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
On March 17, 200, the Defendant was sentenced to a summary order of KRW 5 million for the crimes of violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court on March 17, 200, by a fine of KRW 1.5 million for the crimes of violation of road traffic laws, KRW 2 million for the crimes of violation of road traffic laws at the Suwon Branch Court on May 11, 2007, and KRW 5 million for the crimes of violation of road traffic laws at the Suwon Branch Court on March 28, 2012, respectively. On May 17, 2002, the Defendant was sentenced to a penalty of KRW 1 million for the crimes of violation of road traffic laws at the Gangwon Branch Branch of the Chuncheon District Court on June 11, 2013, by a fine of KRW 1 million for the crimes of violation of road traffic laws at the Seocheon Branch Branch Court on September 3, 2015, respectively.
Although the Defendant had had a history of driving two or more times, the Defendant driven a benz C230 vehicle within a five-meter radius from the Geum-gu in Busan to the front side of the Samdung-gun in Busan-gun, in a state of alcohol level of 0.142%, while under the influence of alcohol level of around 05:52 on July 16, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the main driving, a written inquiry about alcohol and criminal history during blood, and a report on investigation (Attachment to judgment, etc.);
1. The reason for sentencing of imprisonment with prison labor is that the Defendant was sentenced twice due to a traffic accident resulting from drinking driving, and the Defendant has the record of being punished due to drinking alcohol driving on several occasions as stated in the judgment, as stated in the relevant law, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding the crime.
Moreover, in consideration of all favorable circumstances of the defendant, the sentence of a fine sentenced in the Gangnam Branch of the Chuncheon District Court on September 3, 2015 seems to have been sentenced to a fine even during the period of repeated crime of the same kind.
It is judged that the defendant needs more severe punishment than that of the defendant's warning and preference.
Criminal history, alcohol concentration, age, environment of the defendant;