도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 October 11, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Changwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 5 million with a fine of KRW 1 million at the Changwon District Court on October 10, 201, respectively.
On June 02, 2019, around 20:41, the Defendant driven a D-wing vehicle under the influence of alcohol concentration of 0.153% at a section of approximately 2 km from the front road to the entrance road, where the Defendant is unable to know B-on window of Changwon-si, Changwon-si.
As a result, the Defendant violated the regulations on prohibition of drunk driving more than twice, and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and results confirmation reports, and the application of Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects the fact and the fact that the defendant does not have any criminal record exceeding the fine, considering the circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions shall be repeatedly considered);
1. Probation and community service order under Article 62-2 of the Criminal Act;