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 of the final judgment.
Punishment of the crime
【Criminal Power】 On July 11, 2008, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act in an Ansan District Court’s Ansan Branch, and on January 6, 2009, the Defendant was sentenced to a summary order of KRW 1 million for the same crime in the Daegu District Court’s resident support on the same day and was sentenced to a summary order of KRW 1 million for the same crime on at least two occasions.
【Criminal Facts】 On April 30, 2019, at around 22:38, the Defendant driven a vehicle B, with approximately 50 K mp in the front of the Yangyang Police Station at approximately 12 high-speed, from the influent area below the 0.194% of alcohol alcohol in the city of Heak-gu to the influence of Goyang-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to summary orders related to suspect drinking-related records), and application of summary order-related Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that a person drives under the influence of alcohol on two occasions (2008, 2009), despite the previous record of drunk driving (2008, 2009), is recognized as committing a crime and the distance of drunk driving is very favorable: there is no criminal record after the last record of drunk driving; and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and various sentencing conditions during the trial shall be determined as ordered by the disposition.