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
[Criminal Experience] The Defendant was issued a summary order of KRW 2 million at the Changwon District Court on April 26, 2010 for a crime of violation of Road Traffic Act (driving) at the Changwon District Court on January 27, 2012 and a fine of KRW 3 million for a crime of violation of Road Traffic Act at the Changwon District Court on January 27, 2012.
[Criminal facts] On March 8, 2018, the Defendant driven B rocketing car volume with approximately 0.093 percent alcohol concentration in the 2nd section of alcohol level on the road in front of the Soch meat restaurant located in the middle of the window of Changwon-si, Changwon-si, and approximately 60 kilometers in front of the North elementary school located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (referring to the filing of such case decisions);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he/she had the record of being punished for drinking driving.
However, the defendant seems to have an attitude to reflect by recognizing his mistake.
The defendant has no record of punishment in addition to the records of punishment twice due to drinking driving.
The Defendant did not commit a second offense and disposed of the vehicle.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, background leading to the crime, and circumstances after the crime.