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
[criminal power] On March 26, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Northern District Court, and on July 29, 2013, the same court issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 11, 2019, at around 03:00, the Defendant driven a DMW car with approximately 03:50 meters alcohol level 0.089% under the influence of alcohol level from the underground parking lot of the building in Gangnam-gu Seoul, Seoul to the front road in Seoul Special Metropolitan City, Nowon-gu.
As a result, the defendant violated the prohibition of drinking driving more than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on calculation of blood alcohol concentration);
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;
1. Previous records: Criminal records, etc. and the application of each summary order Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been subject to punishment twice due to drinking driving, and it is not good that the crime is committed.
However, considering the fact that the defendant shows the appearance of recognizing and reflecting his criminal act, that the defendant's blood alcohol concentration was not very high to 0.089%, that the defendant did not have any criminal record other than that of the judgment sentenced to a fine by up to 2013, and that there is no other criminal record other than that of the judgment sentenced to a fine by up to 2013, the punishment as ordered shall be determined by taking into account various sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment