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
On February 8, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's wooden branch on February 8, 2018, and on April 22, 2019, a summary order is requested as a crime of violation of the Road Traffic Act ( sound driving) at the Gwangju District Court's wooden branch.
Criminal facts
On April 15, 2019, at around 23:15, the Defendant driven a C-hurd motor vehicle in the state of alcohol alcohol concentration of 0.073% from the 8km section up to the shooting distance of the 102-1 Western Elementary and Secondary School, the front of the Yong-gun apartment apartment B, Youngnam-gun, Seoul.
Accordingly, the defendant was driving a motor vehicle under the influence of alcohol again with a person who has a drinking skills not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports on confirmation of the previous convictions), summary order, and application of Acts and subordinate statutes written in indictment;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;