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
[criminal power] On December 3, 2007, the Defendant was issued a summary order of KRW 2,500,000 for a violation of the Road Traffic Act at the Seo-gu District Court's Seo-Support on December 13, 2008, and on June 13, 2008, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspension of execution for a violation of the Road Traffic Act. On April 11, 201, the Daegu District Court issued a summary order of KRW 3,00,000 for a violation of the Road Traffic Act at least twice.
【Criminal Facts】
On November 13, 2018, the Defendant driven D Launa car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.062% from the section of alcohol at around 21:43, from which it is impossible to know the trade name in Daegu-gu B, Daegu-gu to the front road of the same C apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a case of violation of the Road Traffic Act, notification on the control of drinking driving, and report on the situation of a drinking driver;
1. Previous convictions in judgment: Criminal records, investigation reports (examination of the same kind of history and confirmation of persons subject to the three-way system for driving under influence of alcohol), summary orders, and application of statutes governing judgment;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
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 on probation and order to attend a meeting is that the defendant has been punished several times for the same kind of crime, and the fact that the crime is not good, etc. is disadvantageous.
However, the defendant confessions the crime of this case and repents his mistake, there is no record of punishment for drinking after 201, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, circumstances after the crime, etc.