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
[criminal power] On September 30, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court branch on September 30, 2008; and on October 29, 2013, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
On May 21, 2019, the Defendant, as above, violated Article 44(1) of the Road Traffic Act twice or more, driven a fwing truck at approximately 10km section from the front of the rest area in C, located in G, Gyeongnam Development-gun, under the influence of alcohol at a level of 0.160% of alcohol level around May 21, 2019 to the front road located in E in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Inquiry into the enemy;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Articles 148-2(1)1 and 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has been punished twice due to drinking driving, but there is a high possibility of criticism by driving under drinking.
Considering the fact that the blood alcohol concentration of the defendant was high at the time of crackdown and the danger of drinking driving, it is necessary to strictly punish the defendant.
However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime and circumstances after the crime, the punishment as shown in the order shall be determined by comprehensively considering the following factors: the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc.