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 April 28, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the application of the Gwangju District Court, and on August 11, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden Branch.
【Criminal Facts】
On September 27, 2019, at around 22:22, the Defendant driven an Efluor vehicle under the influence of alcohol concentration of about 0.234% from a distance of about 8 km from the front road in Yong-gun, Yong-gun, Jeonnam, to the front road in D, Jeonnam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control, report on the circumstances of a drinking driver, and inquiry into the results of the drinking control;
1. Relevant photographs;
1. Previous records of judgment: Application of one copy of inquiries, such as criminal records, written judgments, and summary order, respectively;
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. The Defendant committed the instant crime even before the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though there was a record of the two times of a fine (two times of a fine (2003, 2015), and one time of the suspension of the execution of imprisonment (2016).
At the time, blood alcohol concentration (0.234%) was very high.
However, the defendant's mistake was recognized, and there was no other traffic accident.
In addition, the punishment as ordered shall be determined in consideration of the contents and interval of the previous drinking force, the distance of drinking driving, the age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, and all the sentencing conditions shown in the arguments.