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 this judgment becomes final and conclusive.
Punishment of the crime
On September 17, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch, and on November 3, 2009, the same court received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act.
On March 11, 2019, at around 22:42, the Defendant driven a D K5 car under the influence of alcohol with a maximum of 0.05% alcohol level from around 150 meters to the front road of the Defendant’s residence located in the same city as the B apartment road.
Accordingly, the defendant, even though he had the power to drive a vehicle while under the influence of alcohol at least twice, once again driven the vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the degree of the defendant's criminal records (the interval between the same type power and the same type of punishment power), the defendant's blood alcohol concentration at the time of driving of the instant case (the degree of the defendant's blood alcohol concentration is not specified, etc.), the circumstances of the instant crime, driving distance, surveillance circumstances, the defendant's reflectivity, family relationship, health status, and other various sentencing conditions specified in the records and arguments of the instant case shall be comprehensively determined as
It is so decided as per Disposition for the above reasons.