도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
Some of the facts charged were corrected.
On April 17, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 17, 2009, and KRW 4 million as a fine for the same crime at the above court on July 23, 2010.
Although the Defendant violated the provision on the prohibition of drinking driving twice or more, on March 1, 2019, at around 03:10, the Defendant driven a DMW M550d car at approximately 50 meters away from the front side of Gwangju City B apartment Cdong to the fourth floor parking lot of the same apartment Cdong, in the state of drinking alcohol concentration of 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;
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. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant driven a car under the influence of alcohol, even though he was sentenced to respective fines around 2003, around 2009, and around 2010; (b) even if he was sentenced to a second fine, he did not be less than 0.108%
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, the defendant has no record of crime other than the fine imposed four times, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime are to be determined as ordered in consideration of the overall circumstances, such as the circumstances after the crime.