도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is a person who, at the Daegu District Court on October 2, 2006, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act by a fine of KRW 1.5 million, and on April 24, 2015, the same court issued a summary order of KRW 1 million for the same crime at least twice.
On November 21, 2018, at around 04:03, the Defendant driven a motor vehicle Efladoned with Efladon while under the influence of alcohol concentration of about 0.124% in approximately 50 meters from the road in front of a restaurant in Daegu Suwon-gu B to the front road of the same Gu D apartment.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. A statement on criminal records, etc.;
1. To apply the investigation report (verification of the same record as a suspect), a copy of summary order, and three copies of the summary order;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:
- The recognition and reflect of the crime, and the re-driving will not run under the influence of alcohol again, with the history of a fine of three times for the violation of the Road Traffic Act (driving).