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 of the final judgment.
Punishment of the crime
[criminal power] On November 17, 2006, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on November 17, 2006. On June 18, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.
【Criminal Facts】
On September 19, 2018, at around 23:35, the Defendant driven a Dcoon in the state of alcohol alcohol concentration of approximately 1.3 km from the front of the C funeral hall located in the following city B to the front road of the entrance of the Mangyeong-si located in the same city.
As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment to judgment, etc.), and copies of judgment;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that there are two times of punishment due to sound driving, and that the blood alcohol concentration level is high, etc.);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (with regard to the fact that the defendant recognizes the crime and reflects it, the defendant has no record of the same crime after being punished for drunk driving in 2009, and other consideration such as the age, family relationship, etc. of the defendant);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;