도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 25, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of road traffic law (drinking driving), from the same support on January 2, 2009 to a summary order of KRW 3 million for the same crime, and from the same support on November 3, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime.
On November 22, 2017, at around 22:10, the Defendant driven a DNA rocketing car while under the influence of alcohol concentration of 0.19% in blood on the front of the Mamna apartment complex located in the Mamcheon-gun, the Youngcheon-gun, the Macheon-gun.
Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report and a description of photograph;
1. Notification of the results of crackdown on drinking;
1. Records of crime: Application of the Acts and subordinate statutes attached to a reply to inquiries, such as criminal history, and documents attached to investigation reports (Evidence Serial No. 18);
1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. The reason for the sentencing of Article 62-2 of the Criminal Act to protect and observe the order to attend a lecture and order to attend a lecture [a disadvantageous condition] The crime of this case is that the defendant, who violated the prohibition of drinking twice or more, once again, drives drinking again, and the nature of the crime is hot.
The defendant has been sentenced to a suspended sentence of imprisonment for the same crime.
The alcohol concentration level in the blood of drinking driving was 0.199% high.
As the crime of this case led to a traffic accident, the risk was realized.
[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.
In addition, the instant traffic accident did not cause personal injury.
Defendant.