도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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
On January 10, 2018, the Defendant was issued a summary order of KRW 1,500,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.
On April 11, 2020, at around 05:50, the Defendant driven B lehicking vehicles with approximately 5km alcohol concentration of 0.095% at a distance of about 0.7km from the front side of Troptoluth on the celethical celebane, to the road at a point of 703-1 Seo-gu, Nannam-Eup, Nannam-gu, Seoul, to the 294.7km.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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, with the reason of sentencing under Article 62-2 of the Criminal Act, re-driving a motor vehicle, despite the record of punishment once 2018 due to drunk driving.
The blood alcohol concentration of the instant case is not low.
Defendants have many criminal records of different types of crimes.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the criminal record of drinking is only one time, and there is no criminal record of probation or higher, the sentence of the defendant's sentence is harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.