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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 27, 2009, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million from the Changwon District Court to the same crime on September 2, 2013, respectively.
At around 16:30 on January 28, 2019, the Defendant driven a f5 ton, a stable truck under the influence of alcohol leveling 0.073% in a section of about 20km from the roads in front of C (ju) in the Hanam-gun, Hanam-gun, to the roads adjacent to E stations in the same Gun D, while under the influence of alcohol leveling to 0.073%.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more 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 and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate statutes attached to the same type of power;
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 reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and lecture attendance order are as follows: (a) even though the defendant has been already discovered as a drunk driving on two occasions, he/she is driving again in a drunken state; and (b) he/she is driving in a drunken state; and (c) he/she has been driving in a drunken state.
However, it seems that the defendant led to a confession and reflects the crime, and the registration of the truck truck truck freight is cancelled.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.