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 July 1, 201, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court’s Ansan Branch on July 1, 201, and a summary order of KRW 5 million for the crime of violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on April 29, 2015, respectively.
【Criminal Facts】
On April 9, 2019, at around 14:30, the Defendant driven a motor vehicle with D the Dmester while under the influence of alcohol level of about 0.058% from the 4km section from the front of dry field to the front of the C apartment road in the C apartment.
As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Inquiry into the enemy;
1. Photographs of the suspect driving vehicle;
1. Previous convictions in judgment: Criminal history records, reply reports, and application of each summary order-related statute;
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 reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been sentenced to a fine four times due to the same drinking driving.
However, the defendant shows his attitude to recognize and reflect his mistake.
The blood alcohol concentration level is relatively low, and there was no actual traffic accident due to drinking driving.
The defendant has no criminal records of suspended execution or more.
In addition, all the circumstances revealed in the trial process, including the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the punishment is determined as ordered.