도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
Some of the facts charged were corrected.
On February 18, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, and on November 6, 2017, the above court received a fine of KRW 2,50,000 as a fine for the same crime.
Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on April 15, 2019, the Defendant driven a F Ttiball-off car at the distance of approximately 500 meters from the north-west side of Gwangju City to the roads located in D located in the street, while under the influence of alcohol level of 0.063% at the blood alcohol level around 22:42, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures was imposed by the Defendant for drinking alcohol driving in around 2016 and around around 2017, the Defendant driven a car under the influence of the second blood alcohol level of 0.063%.
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no criminal records other than the above previous conviction, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. are to be determined as ordered in consideration of the overall circumstances