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 January 26, 2007, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the Changwon District Court for the same crime on February 8, 2010.
【Criminal Facts】
On May 11, 2019, the Defendant, who was punished twice or more due to drunk driving, driven a D car from approximately 11 km away from the section around C elementary school located in Changwon-si, Changwon-si, to the front road located in Changwon-si, Changwon-si, under the influence of alcohol level of 0.161% at around 01:50 on May 11, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
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 Code of the Order of Education and the Order of Community Service has already been punished twice due to drinking driving, and the defendant again drives the drinking in drinking condition despite the fact that the defendant had already been punished twice.
The blood alcohol concentration is also high.
On the other hand, the defendant led to confession and reflect on the crime, did not cause harm to others due to the defendant's crime, and did not have any record of crime exceeding the fine.
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.