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 June 1, 2007, the defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on June 1, 2007, and on May 28, 2008, the same court issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 12, 2018, at around 22:45, the Defendant driven a Frosch Rexroth under the influence of alcohol leveling of about 400 meters from the front road of Magdong, Ansan-si B to the front road of the E High School located in the same Gu D to approximately 00 meters of alcohol leveling to 0.120% of alcohol level.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order of the same kind of force);
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 conditions under Article 62-2 of the Criminal Act, including the defendant's age, character and conduct, family relation, shall be determined as ordered by considering the whole sentencing conditions.
- Unfavorable circumstances: The circumstances that have high drinking volume and favorable conditions: the confession and reflect; and the fact that there was no previous conviction exceeding the fine; and all of them exceeded 10 years from the date of the crime in this case.