도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 25, 2010, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of road traffic law in the Sungnam support by the Suwon Friwon, and on September 3, 2010, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.
Criminal facts
On September 2, 2018, the Defendant driven a C-wing truck at approximately 10km section from the front side of the Gyeongginam-si to the front road of about 0.074% under the influence of alcohol during blood at around 10:09, the Defendant driven a C-wing truck at around 10km from the front side of the Gyeonggi-si to the front road at the same time.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, investigation report (report on the situation of the driver in charge of drinking), and statement of the situation of the driver in charge;
1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (review and reporting on the applicable laws, etc. and the application of Acts and subordinate statutes governing drinking driving;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is against the Defendant; (b) the degree of alcohol concentration in the blood transfusion of this case; and (c) the fact that the previous conviction in the judgment was relatively old; and (d) the punishment is determined as ordered by the text.