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 April 27, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court’s Young-dong Branch, and on November 12, 2012, from the Daegu District Court’s Kimcheon Branch, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).
Although the Defendant had been punished for drunk driving twice or more as above, on December 8, 2018, the Defendant driven a Frane car with approximately 50 meters alcohol level of 0.134% under the influence of alcohol level of about 0.134% from the road front of the Gu-U.S. C bank Han River branch located in the Gu-U.S. C bank D to the EN road in the Gu-U.S. city.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The actual survey report and the accident site photograph;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. To select a sentence of imprisonment in consideration of the fact that community service or order to attend a lecture is the third drunk driving and the accident has been paid for the reason of sentencing under Article 62-2(1) of the Criminal Act, the execution of sentence shall be postponed on condition of community service and participation, taking into account the fact that the degree of accident is minor and agreed with the victim, a suspended sentence of imprisonment for a one-time term of fraud has not been imposed twice, except for