도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
On May 25, 2009, the Defendant received a summary order of KRW 2 million from the Suwon District Court as a crime of violation of the Road Traffic Act, and on August 17, 2012, a summary order of KRW 4 million was issued, respectively, for a crime of violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s Pyeongtaek site.
Although the Defendant had had a alcohol driving twice as above, on September 9, 2015, the Defendant driven a coo vehicle B while under the influence of alcohol with approximately 200 meters from the alcohol level of about 0.197% from the 00m of alcohol level to the front road of the Gayang-ro 2 complex in Ansan-si at the same time on the road in front of the Gayang-si 2 complex at the same time.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
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(1) of the Criminal Act and Article 59 of the Probation Act is that the defendant driven the motor vehicle of this case in a considerable drinking situation even though there are two occasions, the criminal liability is very unlimited. However, the defendant recognizes the facts charged in this case, reflects his mistake, and does not repeat again, there is no record of punishment exceeding the fine, and other circumstances shown in the records such as the defendant's age, character and behavior, family environment, etc. are considered.