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
On September 24, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 3, 2009, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving). On May 18, 2010, the same court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving). On April 12, 2012, the same court was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act.
At around 20:50 on August 9, 2019, the Defendant driven a E-free car from the front side of the "C" in Daejeon Pungdong B to the front side of the Daejeon Pungdong D apartment zone, while under the influence of alcohol of 0.190% of blood alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A survey report on actual condition, an accident site photograph, a notification on the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, and a CD (F straw and video);
1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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 reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.
The distance of the vehicle shall be the way.
Blood alcohol concentration is very high.
The defendant was at a high risk of accident due to diving in the atmosphere of signal.
The Defendant, due to drunk driving, was sentenced to a fine in September 2009, a fine in December 2009, a fine in May 201, a suspended sentence of imprisonment in April 2012.
However, the defendant recognizes his mistake and is against his will.
Support and treatment are required.