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 June 22, 2006, the Defendant was issued a summary order of KRW 3 million at the Busan District Court to a fine of KRW 3 million, KRW 700,000 for the same crime at the Changwon District Court on February 11, 2008, and KRW 3 million for the same crime at the same court on June 27, 201.
【Criminal Facts】
On April 13, 2019, at around 00:14, the Defendant driven a c-wing truck with a blood alcohol concentration of 0.143% under the influence of alcohol in the section of approximately 2 km from the insular area (hereinafter referred to as the “insular Zone”) to the front road B.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order statutes;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:
Disadvantageous circumstances: The defendant was driving from blood alcohol level 0.143% to cause a traffic accident, resulting in a significant risk to the life and safety of others.
The defendant committed the crime of this case without being aware of the fact that he had been punished four times for the same crime.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
The defendant is in the same kind.