도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 6, 2007, the Defendant issued a summary order of a fine of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving) at the Youngju District Court’s Young-dong branch on April 6, 200, and a summary order of KRW 1.5 million for the same crime from the same support on August 13, 2014, respectively.
On November 20, 2017, around 20:54, the Defendant driven B Poter II cargo vehicles under the influence of alcohol content of about 0.071% in the section of about 8km from the front side of the Yacheon-gun, Chungcheongnam-gu, Daejeon-ro 31-gil, Chungcheongnam-do to the northwest-gun, Yacheon-gun, Yancheon-gun, the northwest-do, the 289-ro, the northwest-gun, the northwest-gun, the northwest-gun, the west-gun.
Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking;
1. Criminal records as stated in the judgment: A response to inquiries, such as criminal history, investigation report (Evidence Serial No. 20), and the application of attached documents and statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. Reasons for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] The crime of this case is that the defendant, who violated the prohibition provisions on drinking at least twice, once again drives drinking, and the nature of the crime is hot.
As the crime of this case led to a traffic accident, the risk was realized.
[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.
The blood alcohol concentration level was not high.
There is no other force except the criminal records as judged by the defendant.
In addition, all kinds of sentencing revealed in the trial process of this case, including the defendant's age, reputation, character and behavior, environment, health status, family relationship, and circumstances after the crime.