도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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 November 10, 2006, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and a summary order of KRW 2 million from the Seoul Southern District Court to the same crime on September 06, 2018, respectively.
【Criminal Facts】
On October 21, 2018, at around 11:57, the Defendant driven a Fpoter Ⅱ while under the influence of alcohol content of about 300 meters from the front side of the Da in the racing city to the front side distance in the racing city D, the Defendant driven a Fpoter Ⅱ while under the influence of alcohol content of about 0.10%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. Investigation Report (Confirmation of the same kind of power) - Application of a copy of the judgment
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant committed a second offense without being aware that he had been punished twice due to drunk driving.
At this time, the influence of drinking has caused traffic accidents.
However, the defendant reflects the wrongness in depth and does not repeat again in the future.
The previous department was sentenced to a fine in full, and there was no previous conviction of suspension of execution or more.
In addition, the sentencing conditions, such as the age, character and conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined as per the order.