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 May 22, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 4 million for the same crime at the Jeonju District Court on January 7, 2015.
【Criminal Facts】
On March 16, 2019, the Defendant driven a DMW 520d car under the influence of alcohol concentration of 0.150% in the section of approximately 50 meters prior to the 22:53 Sinpo City B apartment Cdong.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Previous records of judgment: The application of criminal records, repeated statements, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant repeated the crimes despite five times (200, 2001, 2004, 2009, and 2015) the punishment power for drunk driving was imposed.
The responsibility of the defendant is heavy.
A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.
The spouse and the child to be supported are children to be supported.
The punishment shall be determined in consideration of the following circumstances, such as the age, driving distance, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.