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 May 16, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at Ansan District Court’s Ansan Branch on May 16, 201, and on June 14, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.
【Criminal Facts】
On November 8, 2018, the Defendant, as a person who violated the provision prohibiting driving under the influence of alcohol twice or more, driven B ASEAN A6 car under the influence of alcohol concentration of about 0.076% in the section of approximately 3km from the 3km of blood alcohol level to the distance from the Do near the Pyeongtaek-dong in the city of Gyeyang-gu, Ansan-si to the distance from the Do near the Pyeongtaek-dong in the Sinyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of criminal records of the same kind of suspect);
1. The pertinent Article of the Road Traffic Act and the applicable Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts are written as “Article 148-2(2)1 and Article 44(1) of the Road Traffic Act, but they seem to be written in writing.”
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 requires a traffic accident and high risk of causing serious human and physical damage, and the defendant has already been punished several times due to drinking driving and driving without a license despite the fact that he/she has already been under the influence of drinking and driving without a license, etc., a punishment as ordered shall be determined by taking into account various conditions of sentencing, such as the defendant's age, character and behavior, environment, background of the crime, circumstances before and after the crime