beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On January 20, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court, etc. on November 8, 2016, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 8, 2016, and was sentenced to a suspended sentence for six months at the Busan District Court on February 7, 2017.
【Criminal Facts】
On May 2, 2018, at around 00:10, the Defendant driven B NAS car under the influence of alcohol leveling 0.234% from around 20 to 30 meters from the front road of the Dong-dong, Busan to the roads near Dong-dong, Dong-dong.
Accordingly, the defendant was punished for a violation of the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused, and a protocol concerning the police interrogation;
1. A report on the circumstantial statement of the driver, an investigation report, and an appraisal request made by the National Institute of Scientific and Investigative Research;
1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;
1. The grounds for sentencing of Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) on criminal facts include the confession of a criminal act and his/her mistake. However, even though the criminal defendant has already been subject to three criminal punishment due to a drunk driving and was sentenced to three recent suspended sentence of imprisonment for the most recent time, he/she was sentenced to a suspended sentence of imprisonment for a drunk driving, and even if his/her license has been revoked, he/she was sentenced to a suspended sentence of imprisonment for a drunk driving.
The fact that a fine has been sentenced, the fact that the blood alcohol concentration was very high at the time of the crime of this case, the fact that the materials have been concealed after the detection of the crime, and other matters.