도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
[criminal power] On June 21, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 5 million for the same crime in the same court on December 26, 2013, respectively.
【Criminal Facts】
On April 28, 2019, at around 04:30, the Defendant driven D K7 cars while under the influence of alcohol 0.178% with a certain distance of about 800 meters from Jincheon-gun through Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do.
Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of the crackdown on drinking driving, statement of the results of the crackdown on drinking driving, statement of the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), control details and statement of the case handling report 112; and
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of each summary order Act and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); imprisonment [the two-time prohibition provisions on driving under the influence of alcohol; the history of punishment for a violation of the Road Traffic Act (non-compliance after an accident); etc.)
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (number of times of the same kind of electricity and the degree, etc. of the blood alcohol concentration);
1. Article 62 (1) of the Criminal Act (the fact that there is no past record of the suspended sentence of the same kind or more);
1. Social service order under Article 62-2 of the Criminal Act;