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 February 8, 2011, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on February 8, 201, and a fine of KRW 4 million by the same court on June 3, 2014, respectively.
On February 7, 2019, at around 19:19, the Defendant driven the CMW car at two meters in front of Seocheon-si B in a drunken state of 0.124% alcohol concentration.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstance of a driver under the influence of alcohol and report on the result of regulating drinking;
1. Previous convictions indicated in judgment: Criminal records, etc., inquiry reports, investigation reports (attached to the previous and summary orders), and application of Acts and subordinate statutes of a summary order;
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. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62 of the Criminal Act is based on the following circumstances: (a) the accused has a criminal record of two times a fine due to the same kind of alcohol driving force; (b) the accused has a high blood alcohol concentration of 0.124%; and (c) the occurrence of an accident while driving under the influence of alcohol is considered disadvantageous; (d) reflects the situation; and (e) the accused has no criminal record of the suspension of the execution of imprisonment or heavier punishment; and